Q: 60 day termination notice because of stalking order taken out is it legal ?
Landlord took out a 60 day notice because I took out a stalking order against his girlfriend a few days after she received it - - landlord named my room mate as the tenant on the 60 day notice order to terminate we are both tenants - have been for 5 years - so I suppose my question is - Is retaliation a useful defense in this action? Basically the landlord retaliated under the law but - he only named my room mate as a tenant - I feel it is retaliatory - we plan to move and are in the process of buying a house but 60 days is not enough time to move and buy a house - I feel the landlord is just trying to pull a fast one with this notice because he is mad because I had no choice but to take out the stalking order. There is also a covenant for peaceful and habitable that I read about - well.... the landlord violated that as well when he allowed his girlfriend to continually harass me and my room mate - so I really need a good attorney to help me ….anyway ….thanks for any advice
A: Retaliation is an extremely difficult claim for a tenant to win. Essentially you have to prove that the landlord had no other, legitimate, basis for terminating your tenancy - and it is a rare situation or landlord that cannot come up with SOME other reason they wanted their dwelling back. You may or may not have a valid claim against the landlord for interfering with your right to quiet enjoyment of your tenancy (or other potential claims) but it would be a separate lawsuit for you to file. It is NOT a valid defense to a No Cause Termination of Tenancy eviction case. You may want to review everything with a local landlord-tenant attorney to see if you do have valid claims for damages against the landlord or if you do have a defense to the no cause termination notice. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
