Your Atlanta Wrongful Eviction Lawyer
If you have been wrongfully evicted from your home or apartment, contact Edmonds Law Office of Civil Rights LLC today and we will fight for your rights.
What Is Wrongful Eviction?
Generally, there are few places people feel more comfortable than their home. In fact, many people feel that their residence is an extension of themselves. When a landlord fails to follow legal procedures and wrongfully tries to evict a tenant from a rental property, it can be heartbreaking and stressful. Hiring a reputable law firm to bring a wrongful eviction lawsuit may be their only option.
The legal process of eviction proceedings varies based on state law. Wrongful eviction is a legal term used to describe the act of evicting someone from their home without following the necessary legal procedures, such as giving the tenant a proper eviction notice. Consult with an illegal eviction lawyer to help you navigate through the system of eviction laws.
Meaning of Wrongful Eviction
Wrongful eviction is a legal term in which a tenant is evicted from their property without justifiable reason against their lease or rental agreement. This can happen when the landlord has breached their contract with the tenant and violated their rights as a tenant.
For instance, if a landlord files an eviction action and withholds a tenant’s property without having legal grounds to do so, they may face an eviction lawsuit. Although Georgia law specifies some tenant rights, many landlords and tenants are unaware of these rights.
The eviction process can be long and complicated, but it’s important for landlords to follow the law. If they don’t, they may have to pay damages or go to court and pay damages if they lose the eviction lawsuits.
In certain cases, landlords may illegally evict their tenants by using tactics such as changing locks or refusing to provide access to the property. Landlords may also illegally evict tenants by neglecting repairs on the property while they reside in it.
With the help of the attorneys at Edmonds Law Office of Civil Rights, you can navigate the complicated intricacies of landlord-tenant disputes. This can be particularly helpful if the landlord tries to wrongfully evict you from a rental unit.
Illegal evictions can have consequences such as court fees and legal battles with landlords and neighbors. Tenants who are victims of illegal evictions must ensure that they have documented evidence of any harassment or harm done to them by their landlord before they contact authorities for help
Reasons for Lawful Eviction
When a landlord evicts a tenant, it is not always illegal. Tenants can be legally evicted for issues including nonpayment of rent, breaking the lease agreement, and being disruptive to other tenants.
Although these are grounds for legal eviction, the following procedure must be followed in Georgia:
- Notify the tenant (can be written or oral notice)
- Prepare and file the eviction action
- Allow the tenant to respond
- Get a judgment
- Remove the tenant
How a Lawyer Can Help You With Your Wrongful Eviction Claim
A wrongful eviction claim is a legal action that can be taken by a tenant against their landlord, who has wrongfully evicted them from their rented property. For your wrongful eviction claim to be successful, you must have lived on the property for at least six months and your lease has not been terminated by either party.
An eviction lawyer is a lawyer who focuses on eviction matters, such as an eviction action. Our eviction lawyers can assist you with your civil case at Edmonds Law Office of Civil Rights. Our services include representation in pretrial hearings, depositions, arbitrations, mediations, and trials.
It will be our responsibility to:
Investigate the circumstances surrounding your eviction
Research and examine the law
Conduct or participate in depositions
Draft legal documentation and file motions
Represent you in court
Wrongful Eviction Damages
There are several types of damages that might be awarded to a plaintiff in a wrongful eviction case. A knowledgeable law firm can help you assess the amount you may be entitled to depending on the details of your particular situation. However, in Georgia, a tenant is generally entitled to recover the following types of damages:
The worth of their lost use and occupancy
The cost to replace the tenant’s belongings
The cost of deposit and prepaid amount for tenant’s utilities
Punitive damages, if the landlord acted willfully or in bad faith
Attorney’s fees and court costs
If you have been illegally evicted, contact a reputable attorney from Edmonds Law Office of Civil Rights.
Can I Sue My Landlord for Wrongful Eviction?
It is essential for renters to do their due diligence and learn commonly-held tenant’s rights according to state laws. In Atlanta, there are many reasons why a tenant might be wrongfully evicted. Some of these include:
Landlord not following proper eviction procedures or giving improper notice
The tenant is late on rent and not giving a chance to catch up
Tenant refusing to move out after the landlord has given a notice
If a written lease has been violated, you have a few options. To receive actual damages, though, it would be wise to consult with a reputable law firm that can help you with your wrongful eviction lawsuit.
How Can a Wrongful Eviction Attorney Help?
A wrongful eviction attorney can help evicted Americans to get their homes back. They may also be able to stop the landlord from evicting you, even if they have already started the eviction process.
In most cases, a wrongful eviction attorney will need to file an injunction to stop the eviction. The judge will then decide if there is enough evidence for them to grant it. If not, the landlord will be able to evict you with no problems.
Suppose a wrongful eviction attorney is successful in filing an injunction. In that case, they will likely ask for a temporary restraining order which would temporarily stop the eviction proceedings and give them time to prepare their case against the landlord.
If you face wrongful eviction, contact Edmonds Law Office of Civil Rights to schedule an initial consultation. We maintain a good attorney-client relationship to help you navigate through the system of tenant law, rental property legal process, and constructive eviction.
Frequently Asked Questions
As with any complex legal matter, there are bound to be certain areas regarding wrongful evictions that tenants or landlords would ask regarding tenant law.
How Much Does it Cost to Hire an Illegal Evictions Lawyer?
Getting an illegal eviction lawyer’s services will depend on several factors, such as the facts of the case, the jurisdiction, the size of the law firm, and the experience of the firm. Despite the fact that each case is unique, it is nearly impossible to provide an accurate price estimate. Contingency agreements are sometimes used, which means that you don’t pay unless you win.
What Is Meant by an Unfair Eviction?
In the United States, landlords are not allowed to evict tenants without giving a reason. This is known as an “unfair eviction.” If the wrongful eviction occurs, the tenant can take notice as per the state and local laws or landlord-tenant law.
The term “eviction” may be used in two different ways:
- When the tenant has not violated any rules of tenancy and is being evicted for reasons that are not specifically outlined in the lease.
- When the landlord is evicting a tenant for reasons that violate the lease agreement
In this case, an unfair eviction might mean that the tenant is being evicted because they complained about unsafe living conditions or because they have a pet and their lease prohibits pets.