Tenants was renting a business property for a restaurant, the lease was up in May. But landlord illegally evicted the tenants in December 2006.
Tenants had a lot of parties and cooking class already scheduled, plus tenant wasn't able to operate the restaurant since the illegal lockout.
Can tenant sue for lost wages, if so what type of proof does tenant need to show the judge in small claims of how much they would have made if they were not illegally evicted.
Tenant rent was due on 12/03/06..
Tenant was locked out 12/06/06 for failure to pay rent.
Landlord took tenants to court for the december rent and also for damage to property in Feb for $5000, but was only awarded $500 for a broken door, as tenant said she knew how the door got broken.
The judge said that the tenants was locked out on 12/06 and did not owe december rent..
Landlord then took tenant property to satisfy their judgement of the $500, tenant property was worth well over $40,000..
2007-05-23 09:36:43 · 5 answers · asked by Chef D 4 in Business & Finance ➔ Renting & Real Estate
Landlord never allowed tenant to remove their items from the building.
Can tenant sue for triple damages for the illegal eviction and also for stolen property as this happened in NY State.
What are the laws about illegal eviction in NY, Landlord changed the locks to all the doors and never give me one although Itenant had a lease, Tenant was paying all utilities except garbage pickup.
Landlord entered the restaurant the night of 12/05 while the tenants business was closed and then changed the locks, tenant came by the next morning and couldn't get in.. the cops were called but they did nothing.. Tenant send over a dozen letters asking landlord to return their property, but landlord simply never responded.. Tenant last letter claimed they were taking landlord to court, and that's when landlord contacted a lawyer and send tenants a letter stating that all properties was siezed for the judgement of $500 and it's over and done with.
Can I also sue for return of my property.
2007-05-23 09:47:16 · update #1
This is for acermill,
Yes it was an illegal eviction, they changed the locks without even going to court to get an eviction. The former judge awarded the tenants because the landlord breached the lease contract.. the judge wasn't happy with the illegally eviction. But the tenant did not counter claim at the time of that court hearing.
2007-05-23 09:53:14 · update #2
You can bring civil litigation against anyone you want. Whether or not a court/jury will look favorably upon your complaint is another question. Since this already appeared on a court docket and was reviewed by a judge, I have to wonder if there was anything illegal about the eviction. Had there been illegality, I would think the judge would have ordered a reinstatement of the lease contract as valid.
I recommend seeking the counsel of a qualified attorney for an opinion on your chances
2007-05-23 09:43:21 · answer #1 · answered by acermill 7 · 0⤊ 0⤋
you may, yet you will lose except you may teach that the owner intentionally did this to wreck you, AND that the lost wages have been an unavoidable result. Even then that's no longer likely. And wager what, you will lose a minimum of one extra day, probable extra, as a manner to document the documentation and take it to courtroom. Plus the submitting costs. there is quite much NO possibility you will come out of this forward.
2016-11-26 20:42:53 · answer #2 · answered by ? 4 · 0⤊ 0⤋
You can sue anyone for anything. This is America! Get a lawyer.
2007-05-23 09:40:19 · answer #3 · answered by Ronin 4 · 0⤊ 0⤋
yes you probably can but u need a lawyer u will need to provide w2's from past 6 months to support your claim.
2007-05-23 09:42:07 · answer #4 · answered by spadezgurl22 6 · 0⤊ 0⤋
RenterRights.com
get an attorney
2007-05-23 09:44:46 · answer #5 · answered by Anonymous · 0⤊ 0⤋