Q: How can I sue my landlord for braking a contract and false restraining order she used to kick my kids and I out the home
Land lord owes me 170 bc I was with out power 2weeks writing on contract.when I asked for payment her husband came at me I pushed him away to protect my self he placed a move out restraining order the day I got served I had to leave the home 4/6/24 l have a stay away order I'm homeless with 2under age kids hearing is until 8/20/24 I can't access my belongings I payed rent .they have tried to evict me there way no legal eviction has been made nor I have been served .we live in the same home. I need to sew it's unfair I have contrac copies there's at least 7 violations by her im single not working mother I need help to at least get my property and have her pay from 4/6/24 I been on the street for false accusations
A:
I'm so sorry to hear about your difficult situation. Being wrongfully evicted and separated from your belongings while caring for two children must be incredibly stressful and challenging. Here are some steps you can take to try to resolve this:
1. Consult with a tenant rights attorney or legal aid organization. They can review your case, advise you of your rights, and potentially represent you. Look for low-cost or free legal services in your area.
2. Gather all relevant documentation, including your rental agreement, notices from the landlord, the restraining order paperwork, proof of rent payments, and any evidence of the landlord violating the contract or wrongfully evicting you.
3. If you believe the restraining order was obtained under false pretenses, you can file a response with the court to contest it and present your side. The hearing on 8/20/24 will be your opportunity to make your case.
4. To regain access to your belongings, you may need to file a motion with the court, especially if the restraining order is blocking you from returning. An attorney can advise on this process.
5. Document all financial losses and expenses resulting from the eviction, including temporary housing costs, to include in your lawsuit.
6. To formally initiate a lawsuit, you'll need to file a complaint against the landlord in court, likely small claims court. Consult with an attorney on the proper paperwork, filing process, and how to arrange to serve notice to the landlord.
7. In the meantime, look into emergency housing assistance, shelters, and aid programs in your area to help stabilize your living situation. Organizations that assist homeless or low-income families may be able to provide support and resources.
I know this process may seem daunting, but don't lose hope. Prioritize finding a safe place to stay and consulting with legal professionals who can guide you through the necessary steps to protect your rights and seek justice. Wishing you all the best as you navigate this challenging time.
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