Your landlord has to end your tenancies first to legally evict you.The landlord will usually have to go to court to get a judgment.If your landlord evicts you without complying with the requirements, then you can file a lawsuit.If you want to file a complaint, you need to find your local courthouse.The landlord evicted you.
Step 1: Hold onto the eviction notice.
Notices must be given to your landlord before he or she can evict you.Notices should tell you why you are being evicted.You might be behind on your rent or you might have broken your lease.These notices should not be thrown away.The date you received the notice should be noted.Notices are usually given to you by your landlord before a lawsuit is brought to evict you.The requirements for these notices are usually set by your state law.You will have a stronger argument for illegal eviction if your landlord doesn't follow the law.
Step 2: Take the time to read your state's requirements.
Find your state's requirements for evicting tenants.You can find this information on the internet, as well as at your nearest law library.This can be found in your courthouse or law school.Tell the librarian that you want to see the eviction laws.
Step 3: The eviction is payback.
You can't be evicted for exercising a legal right.If you report your landlord to the Department of Health and Safety, he can't turn around and evict you.You should document your communications with the health inspector.Get a copy of the inspector's report and preserve any letters or emails.You should hold onto any communications from your landlord.If he is angry that you reported him to the authorities, you can use that as proof that he retaliated.
Step 4: The landlord was using self-help.
It is against the law for your landlord to physically remove you from the apartment.The landlord can't keep you out of the apartment by changing the locks if he used one of these methods.The landlord can't physically remove you from the apartment.The landlord can not shut off your utilities.Your landlord can not order you to leave.
Step 5: Call the police if you have a problem.
You should call the police if your landlord throws your stuff on the sidewalk.Wait for the officer to arrive and tell them that your landlord is evicting you.Identification is needed to show the officer that you live in the apartment.The landlord can be ordered by the police to let you back in.The landlord can be arrested by the police.You should get a copy of the police report.This is evidence of an illegal eviction.
Step 6: Meet with a lawyer
It is difficult to bring a lawsuit against a landlord.If you don't hire an attorney, you will be at a disadvantage because the landlord will have a lawyer.Not everyone can afford a lawyer.You should meet with a lawyer to discuss the strength of your case if you can't.Asking for a referral to a landlord-tenant lawyer can be done by visiting your state or local bar association.You can schedule a half-hour consultation to discuss your case.Ask the lawyer how much he charges.You should check if there are any legal aid organizations nearby if you have a low income.People in financial need can get free legal services from legal aid organizations.The Legal Services Corporation has a website where you can locate an office.If you win your lawsuit, you may be entitled to attorneys' fees.If you have a strong case, a lawyer may be more willing to represent you.You would benefit from hiring a lawyer because landlord-tenant law is so complex.
Step 7: Talk about what you can get from the court.
Discuss remedies with your lawyer during your consultation.If you win the lawsuit, the court will order a remedy.If you have to find temporary shelter in your state, you can be compensated.If you had to rent a motel room, keep your receipts.You can stay in the apartment for a period of time without paying rent.The legal eviction can cause damage to your property.If the electricity was shut off or property was stolen, spoiled food can be included.Write down what was damaged and how much it will cost to replace it.If the landlord used violence, you can be compensated.Obtain copies of the medical records that show the injury.You can be compensated for any emotional harm caused by the illegal eviction.Your state law might give you a certain amount of money to punish the landlord for the illegal eviction.You may be able to get two or three months of rent.
Step 8: Find the correct court.
You want to file a lawsuit against the landlord.This will be the civil court in the county where you live.If you have a lawyer, he or she will file the lawsuit for you.You may be able to file a lawsuit in small claims court.Cases with a low dollar amount are handled by small claims courts.You can ask the court clerk what the maximum amount is.You don't need a lawyer in small claims.There are specialized housing courts in some cities.In New York City, you can file a lawsuit for an illegal lockout.
Step 9: If you want to make a complaint, get a form.
You can start a lawsuit by filing a complaint.Explain why the eviction was illegal in this document.You can get blank forms from the court clerk.It's easy to complete a complaint with these forms.You will have to draft the complaint yourself if no form is available.The sample from the Civil Law Self Help Center can be used as a guide.It's important to revise it to fit your situation.
Step 10: Send the complaint to us.
The court staff can read your information if you print neatly.You can use a typewriter if you can't print neatly.There are some forms that can be downloaded.You can insert the information into the PDF and then print it off.Each complaint form is different, but you will typically be asked for your name, address, and contact information, if you have a lawyer the amount you pay in rent what you are suing for.
Step 11: The court can approve the complaint.
Take your copies and the original to the court clerk.To file the original, ask.The date should be stamped on your copies by the clerk.It is likely that you will have to pay a filing fee.The amount will be determined by the court.Tell the clerk if you can't afford the fee.You should be able to complete the form.
Step 12: The landlord should be served notice.
You have to give the landlord notice of your lawsuit.You can give notice by sending a copy of your complaint and some other forms to the court clerk.You should ask the clerk what the acceptable methods of service are.You can make service by having someone older than 18 make hand delivery to the landlord.You or your roommate cannot be a party to the lawsuit.A private process server can make service.The process server can be found in your phone book or online.The fee is usually between 45 and $75.Notices can be sent to the landlord in some courts.You should return the certified mail with a receipt.
Step 13: An affidavit of service must be filed.
The landlord needs someone to fill out a form.This form is called an Affidavit of Service.The court clerk can give it to you.The form must be filed with the court after it's been completed.You should keep a copy of your own records.
Step 14: Prepare to go through a trial.
If you have a lawyer, you can get witnesses lined up and prepare exhibits.If you are representing yourself, you should identify any witnesses.You need to give your landlord a list of witnesses you intend to call.If you will testify, be sure to put your name down.If witnesses have personal knowledge of what they are testifying about, you can have them testify.A witness can only testify about what they saw.Send a subpoena.A subpoena is a legal requirement for a witness to show up to court and testify.If you're afraid a witness won't show up, you can serve a subpoena.You can get subpoenas from the court clerk.Prepare exhibits.If you want to introduce a document, you should take it out.You will need to put an exhibit sticker on them and number them in the order in which you introduce them at trial.You can get exhibit stickers from the court clerk.
Step 15: You should arrive on time.
You should be on time for your trial or hearing.The judge can dismiss your lawsuit if you are.Give yourself enough time to find parking and pass through security at the courthouse.All food and beverages should be thrown away before entering the courthouse.You do not want them in court.Before entering court, you should turn off all electronic devices.
Step 16: Give your evidence.
You will go first.You should give your witnesses and documents in chronological order.Things might be informal in small claims court.You might not make an opening statement.You will show the judge any supporting documents and begin describing your case.If it would help, you can have witnesses testify.The landlord might have changed the locks on your apartment door.The witness can testify about this fact.
Step 17: Make sure you test on your behalf.
You will testify.Your lawyer can ask you questions in civil court.If you don't have a lawyer, you will give your testimony in the form of a speech on the witness stand.You will be cross-examined by the landlord's attorney.You might want to do a trial run with your lawyer.You can use this practice to get comfortable with cross-examination.You should dress like a job interview if you want to be an effective witness.Dress for a Court Hearing is for tips.Listen closely to the question.Ask the lawyer to rephrase it if you don't understand it.Don't guess as an answer.Stay calm.Lawyers can get into arguments.Taking a deep breath and not being sarcastic will benefit you.You should always maintain your self-control.Tell the truth.Say "I don't know" if you do not know the answer.
Step 18: The landlord has evidence.
Second evidence will be presented by the landlord.You should not interrupt the landlord.Stand quietly.You can ask the witnesses questions or respond.A list of the landlord's witnesses should have been sent to you.A list of questions is what you should have written.The landlord might not have witnesses in an illegal eviction lawsuit.
Step 19: Wait for the verdict.
The judge will deliver the verdict after all evidence has been submitted.Sometimes the judge needs to take some time to think about the case before delivering a verdict.You might want to bring an appeal if you lose.You should talk to a lawyer.It can take a long time to appeal.You should not delay if you want to appeal.You can get a notice of appeal form from the court clerk after the final judgment has been entered.The amount of time can be as little as 10 days in some states.