Question:

If my landlords brother commits a crime?

by  |  earlier

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and i have him arrested (lewd and lasivious on child) then my landlord evicts us can my defense to eviction be retaliation? Does this work this way? I have no lease

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  1. My understanding is that some cities have "just cause for eviction" ordinances to protect against the very thing you are worried about.  Check this out first.  If this is true in your area then the landlord is going to have to provide a convincing reason for evicting you- one that would stand up in court.  The eviction process is not always a simple process.

    If he does trump something up then without hesitation sue him.  If you succeed in convincing the judge that you were evicted because of what you did rather than the reason the landlord provided then I think the judge will throw the book at the landlord.  He may have to pay monetary "damages", moving expenses and may even be found guilty of discrimination.

    I applaud you for advocating for the child.  Too many people would rather just turn and look the other way.  However, the reality is that since this is the brother of the landlord your relationship with him may be very strained and he may look for a way of getting rid of you- if not immediately, sometime in the near future.  Or, it just may blow over.   Regardless, you did the right thing and I would have done the same thing!  Good luck.


  2. You have no lease, so little legal evidence to back you up. You can always sue, but chances are you won't win.

    Anyway, the landlord now hates you, so why would you want to stay there anyway. If it were me, I would willingly move out...

    Anyway, how can he evict you. There has to be a stated reason, and he is supposed to give you a chance to fix the issue... though I guess since you dont have a lease, he may not need a reason... find a lawyer and ask

  3. YES! - it is against the law for a landlord to evict you for no reason or because you upset them.

  4. Without a written fixed term lease, your landlord can terminate your month to month tenancy with proper written notice. No cause or reason is needed.

    If you fail to move out per the notice, the landlord can evict you through the courts.

    A retaliatory eviction is when a landlord evicts as retailiation for the tenant filing a complaint against the landlord. You did not file a complaint againt the landlord.

  5. He can evict for any reason, especially since you have no lease. Had you had a lease, it might be a bit different.

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