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Missouri - Real Estate - Premises Liability
Wrongful eviction is an unfortunate and common occurrence throughout America. By law, tenants have rights that protect them from being evicted without due cause. However, landlords tend to evoke wrongful evictions through a word of mouth or other illegal methods.
Typically, their tenants comply without any legal reason to do so simply because they do not know their legal rights. The Types of a Wrongful Eviction
Quite often tenants move because the landlord issues a statement or warning in the form of a verbal or written message. For this to substantiate a legal eviction the form must state that it is an eviction and give the legal reason for the eviction, otherwise, it is a wrongful eviction. However, many landlords issue these warnings simply to force an un-liked tenant out of a building or to raise the rent for future tenants; this is a wrongful eviction.
A Wrongful Eviction by Illegal Notification
Many landlords will claim that they are doing a legal eviction, when in fact it is a wrongful eviction. An eviction notice must be clearly written giving a legal cause for your eviction; otherwise, it is a wrongful eviction.
Additionally, some states and jurisdictions require that evictions be filed in the courts in order to be a legal eviction. Even if the eviction notice appears to be official and legal, but you feel it is unwarranted, it may still be a wrongful eviction, and you may have rights of which you are unaware. A Wrongful Eviction by Harassment
When a landlord harasses a tenant to the point that the tenant moves out, this is considered a wrongful eviction, as well as violating other laws. Harassment may be defined as any verbal or physical actions made by the landlord. Since harassment in and of itself is illegal, a tenant can file a report with local law enforcement regarding the harassment that will strengthen a wrongful eviction case.
An Invasion of Property Leading to a Wrongful Eviction
Even though the landlord owns the property, in most jurisdictions it is illegal for the landlord to enter property rented by another party without their knowledge and consent. However, some landlords commit an invasion of property and base their evictions on what they saw while they were illegally in the rented dwelling. This is a wrongful eviction because it is based on illegal activity on the part of the landlord.
A Wrongful Eviction by Owner Move-In
An "owner move-in" eviction occurs when a landlord evicts tenants to occupy the dwelling themselves. If a landlord does an owner move-in eviction, they must pay the evicted tenant a monetary compensation, which varies by jurisdiction.
Additionally, the landlord or a close relative must occupy the dwelling for a set amount of time for this to be legal. If a landlord does an owner move-in eviction but does not move into the property or does not compensate the evicted tenant, this can constitute a wrongful eviction. A Wrongful Eviction by False Statements
Some landlords will lie to tenants about relatives moving into the dwelling, or repairs needing to be made, causing a tenant to move to another location. However, this tenant may still have certain rights if wrongfully evicted. If the landlord rents the dwelling to another individual after making such statements, it constitutes a wrongful eviction. The previous tenant may be able to regain rental access to the dwelling or receive compensation for financial loss due to the wrongful eviction.
A Wrongful Eviction Attorney
Regardless of the circumstances of a wrongful eviction, your best asset in a wrongful eviction case is an experienced lawyer knowledgeable in wrongful eviction law. An experienced wrongful eviction attorney can assist you in reviewing your case and obtaining the maximum compensation for your wrongful eviction lawsuit.
Additionally, this wrongful eviction professional can help you determine your legal rights and options, as well as ensure that your rights are protected throughout your wrongful eviction case. If you, or a loved one, have been the victim of a wrongful eviction in Kansas or Missouri, please do not hesitate to contact our office for a free consultation and case evaluation. Preserve Your Rights To Be Compensated - Contact Guilfoil Law GroupFailing to contact a personal injury attorney Immediately after you have been injured can be financially devastating to you and your family. Protect your rights and contact a Guilfoil Law Group now. Request a free initial claims evaluation. FREE INITIAL CONSULTATION - FREE INITIAL CLAIMS EVALUATION |