I’m planning to take my landlord to small claims for a rent refund due to constructive eviction. They trashed my room, blocked access to common areas, and even cut off my internet, which made it impossible to work from home. I’m asking for a rent refund and loss of income, but is there anything else I can claim?
Good call on the refund! Constructive eviction can be tough to prove, but it sounds like you have a strong case. Did you document the damages?
Jules said:
Good call on the refund! Constructive eviction can be tough to prove, but it sounds like you have a strong case. Did you document the damages?
Yeah, I have photos of the mess and a few witnesses who saw the state of the place. Hoping it helps.
Jules said:
Good call on the refund! Constructive eviction can be tough to prove, but it sounds like you have a strong case. Did you document the damages?
That should work in your favor. It’s all about having proof when it comes to court.
If they cut off your internet, that’s huge! You could probably ask for damages for the work time you lost, right?
Finley said:
If they cut off your internet, that’s huge! You could probably ask for damages for the work time you lost, right?
Exactly what I was thinking! It’s just hard to put a dollar amount on that, you know?
Finley said:
If they cut off your internet, that’s huge! You could probably ask for damages for the work time you lost, right?
Totally. Maybe estimate based on your usual income or average hours lost?
Don’t forget to ask for penalties! I heard landlords can get fined a lot for each violation in eviction cases.
Keir said:
Don’t forget to ask for penalties! I heard landlords can get fined a lot for each violation in eviction cases.
Right, I read something about a $1,000 to $10,000 fine per violation. Would be nice if the court considers that.
Keir said:
Don’t forget to ask for penalties! I heard landlords can get fined a lot for each violation in eviction cases.
Yep, but it’s capped in small claims court, so don’t expect more than $10k total if you’re sticking to that.
Can you also ask for triple damages? I think some cases let you do that if it’s an illegal eviction.
Murphy said:
Can you also ask for triple damages? I think some cases let you do that if it’s an illegal eviction.
I was wondering about that! It’d be awesome if that applies, but not sure if small claims covers it.
Murphy said:
Can you also ask for triple damages? I think some cases let you do that if it’s an illegal eviction.
Worth asking! Sometimes just having that as an option makes them more likely to settle.
Have you checked if you can get compensation for the time you had to live in those conditions? Eight months is a long time!
Reagan said:
Have you checked if you can get compensation for the time you had to live in those conditions? Eight months is a long time!
Good point – eight months of constant issues, so hoping the court sees it as one big continuous violation.
Reagan said:
Have you checked if you can get compensation for the time you had to live in those conditions? Eight months is a long time!
They might! Just make sure to explain how each month it kept affecting your work and living situation.