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How Can I Build a Retaliatory Eviction Case?

When there is a legitimate issue with your apartment, you should be able to report the issue or stand up for your rights as a tenant without having to fear reprisal. Unfortunately, some landlords hold a grudge after a tenant asserts themselves, and sometimes they will even try to kick you out of your apartment. This is a retaliatory eviction and it is not something that you should take lying down. A New York City tenants’ rights lawyer can help you fight back.

When is an Eviction a Retaliatory Eviction?

When there is an issue with your apartment, like a mold problem or an infestation of vermin, the first step is to tell your landlord about it. They have a responsibility to fix safety issues and other problems that could make your apartment an unsuitable place to live.

A responsible landlord addresses the issue and everybody moves on. Matters get more complicated if your landlord refuses to do anything to help you. Then you may need to report the problem to 311 or the Department of Housing Preservation and Development. An inspector can then force your landlord to address the problem within a certain timeframe.

Soon after this, your landlord suddenly tries to evict you. They come up with a reason, but you suspect that they don’t actually have a good reason to kick you out. This could be a retaliatory eviction.

What Other Types of Retaliatory Behaviors Can Affect Tenants?

This isn’t the only way for a landlord to retaliate against a tenant though. A landlord could also decide to:

  • Stop providing repairs
  • Refuse to return a security deposit
  • End a month-to-month tenancy or refusing to renew a lease
  • Increase the rent
  • Lock you out of your apartment

It can be tough to prove that a landlord’s actions were retaliatory though. That is why you may want to talk to a lawyer before taking any legal action.

Do I Need a Lawyer?

An experienced attorney can help you figure out if you have a case against your landlord for retaliation or retaliatory eviction. There are a variety of ways for a landlord to retaliate, so your response is going to mostly depend on what they try to do.

For example, your landlord might say that you have violated your lease in some way. An attorney can help you prove that you did not commit any violations or that you were not given a chance to rectify the situation before eviction proceedings had begun. In any case, keep track of when you submitted your complaint and document all of your interactions with your landlord just in case they say something incriminating.

Contact Our Law Firm Today

If you suspect that your landlord is retaliating against you, contact Robert Rosenblatt & Associates. We can schedule a consultation and tell you if you have a case against them and how a lawyer can be of assistance. You have rights as a tenant and we’re ready to help you stand up for those rights.

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