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countryboy7525 · Dec 11, 2012, 07:53 PM

Hello I am trying to find out how do I sue my former landlord for a wrong full eviction... what happened was he didn't like it one day I made some noice coming in the home.. he got up set and got into my face started to threaten me he didn't want me there and he could throw me out anytime he liked... I was renting a room from his home for more then 6 months and paid rent on time every 1st of the month. So when I went into my room he charged and attacked me I had to defend myself. So I left to cool off as soon as I came back the locks was changed and he refused me entry to home and to sleep.. how can I sue him for damages my rent paid and costs that I had to pay to move

ballengerb1 · Dec 11, 2012, 08:04 PM

Cost of moving will get tossed but you can sue in small claims for unused rent since he tossed you out mid month. Depending on where you live you might be able to recover treble damages since 30 days noptice is required but we don't know where you live so tell us.

countryboy7525 · Dec 11, 2012, 08:08 PM

Well I live in riverside county in California... can I sue for payment of new place and time for finding a new place.. also he gave me a hard time to get my stuff it was a hassel to jump hoops to to get my stuff out

ballengerb1 · Dec 11, 2012, 08:11 PM

Prove that in court and you might get more. Read this compltetly California Tenant Law - Free legal advice for California renters' rights and this Tenant Wrongful Eviction | whocanisue.com I don't think this will fly "can i sue for payment of new place " You would have had to pay him or the new LL in any case, this is not damages

countryboy7525 · Dec 11, 2012, 08:16 PM

I had to get a new place and I paid the new landlord but he changed the locks on me and wouldn't let me in and didn't care what the police would say.. so I stayed away fearing my safety and looked for a new place...

ballengerb1 · Dec 11, 2012, 08:17 PM

Right, you paid rent twice for the same month. That's why you sue the old landlord for that months rent, you can't also sue for the rent paid to the new landlord. That would be reimbursing you twice.

countryboy7525 · Dec 11, 2012, 08:20 PM

K cool thanks

ScottGem · Dec 12, 2012, 04:36 AM

Originally Posted by countryboy7525

i was renting a room from his home for more then 6 months and payed rent on time every 1st of the month.

Were you the only person renting a room? If so, you may qualify as a lodger which means he would not have to go to court to evict you.

Originally Posted by countryboy7525

he changed the locks on me and wouldnt let me in and didnt care what the police would say.. so i stayed away fearing my safety and looked for a new place...

Did you try calling the police or did you just take him at his word? If he locked you out illegally, then the police would have forced him to let you back in or be arrested. If there is no police report, suing him will be harder.

While he did not have to go to court for an eviction order (if you qualified as a lodger), he still needed to give you 30 days notice.