What to do about a retaliatory eviction?

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What to do about a retaliatory eviction?

My apartment complex made a mistake and towed my car. I have a small claims lawsuit against them for damage to my car. My lease is up at the end of next month but I went in to the office and signed an extension for another 3 months. The next day they said if I did not take their offer and drop the suit, that I had 60 days to move out. Is this legal isince my lease extension is still good? I have never had a late payment or caused problems in the apartment.

Asked on June 11, 2012 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A tenant may not be evicted simply because he/she has a lawsuit against the landlord. A tenant with a written lease may generally not be evicted during the term of that lease except:

1) for nonpayment;

2) for material (important) breach of lease terms, generally after first receiving notice to cease the violation;

3) for deliberately or recklessly damaging the landlord's property, or for threatening the landlord or its staff;

4) for disturbing the peace (right to "peaceful enjoyment") of the other tenants, after notice to stop doing so; or

5) as otherwise provided by the lease.

So if you have a lease extension in force and are not doing items 1) t 4) above, you should only be evicted during the term of the lease extension if the lease itself gives the landlord the right to evict you on notice. If it does, that provision is enforceable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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