Legal Definitions - wrongful-eviction action

A wrongful-eviction action is a legal claim initiated by an individual who was removed from a property, asserting that their removal was unlawful or did not adhere to proper legal procedures. This type of lawsuit is brought against the person or entity responsible for the eviction, seeking to remedy situations where a tenant or lawful occupant was forced out of their home or property without valid legal grounds or without following the required legal process.

• Example 1: Landlord's "Self-Help" Eviction

  Imagine a tenant who is a few days late on rent due to an unexpected medical bill. Without providing any written notice, filing an eviction lawsuit, or obtaining a court order, the landlord changes the locks on the apartment while the tenant is at work, effectively preventing them from re-entering their home.

  This scenario illustrates a wrongful-eviction action because the landlord bypassed all legal eviction procedures. In nearly all jurisdictions, landlords cannot use "self-help" methods like changing locks to remove a tenant, even if rent is owed or a lease violation has occurred. The tenant could file a wrongful-eviction action to regain possession and seek damages for the illegal lockout.

• Example 2: Retaliatory Eviction

  Consider a family living in an apartment complex that has a persistent problem with a leaky roof. After repeatedly notifying the landlord about the issue with no resolution, the family reports the unaddressed repair to the local housing authority. Shortly after the housing authority contacts the landlord, the landlord serves the family with an eviction notice, citing a minor lease violation that had previously been overlooked for months.

  This situation could form the basis of a wrongful-eviction action because many laws protect tenants from eviction in retaliation for exercising their legal rights, such as reporting unsafe living conditions. If the family can prove the eviction was primarily motivated by their complaint to the housing authority, rather than a legitimate and timely enforcement of a lease violation, the eviction would be considered unlawful.

• Example 3: Eviction Without Proper Notice or Cause for a Valid Lease

  A small business operates out of a commercial space under a five-year lease agreement, with three years remaining. The property owner receives an attractive offer to sell the building and, without any prior negotiation or legal justification for early termination outlined in the lease, informs the business owner that they must vacate the premises within 60 days.

  This constitutes a potential wrongful-eviction action because the property owner is attempting to remove the business before its legally binding lease agreement has ended, and without following the specific legal procedures required for early lease termination (which often require mutual agreement, specific lease clauses for early termination, or a court order for breach of contract). The business has a legal right to possess the property for the duration of its lease, and being forced out prematurely would be an illegal eviction.