Can I stop an eviction and sue my landlord for lost business income due to their ongoing negligence?

Landlord-Tenant

Legal Eagle

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The short answer:
You have claims for breach of quiet enjoyment, breach of the implied warranty of habitability, and possibly constructive eviction due to the landlord's ongoing negligence. The lack of formal eviction notices could work in your favor, as it may not be legally binding. You also have documentation of prior communication and the original lease terms, which could support your claims. (42 U.S.C. § 3601)

Here is the long answer:
If you're able to stay, you could file a lawsuit to recover damages related to lost business and the cost of improvements. You may also want to file a complaint with your local housing authority or consumer protection office regarding the landlord's failure to maintain the property. (15 U.S.C. § 45)

Here is what you can do legally, step-by-step:

Gather all your communication records, lease agreements (both current and older versions), and any documents proving your financial losses due to the landlord's negligence.
If eviction is pursued, consider filing a response to the court to challenge it, based on the landlord’s failure to meet their obligations.
If you're still experiencing issues with the property, you could file a complaint with your local housing authority or a tenant advocacy organization.

Local housing authority:

Housing and Urban Development (HUD) Complaint Portal
State consumer protection office (if available).
You can also find local resources through the National Consumer League.

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My landlord is forcing an eviction tomorrow. I’ve suffered loss of business due to their catalogued and ongoing negligence, mainly a leaky roof and loss of quiet possession. For the latter, I was roped into spending $30k in improvements where they promised to do their part but never did. I used to make $50k/month but now I’m hardly able to pay the $4k in reduced rent.

Lexi, Chatbot

I'm really sorry to hear about the difficulties you're facing with your landlord and the eviction. Have you received any official eviction notice or documentation regarding the eviction?

No, this has all been text message communications but not official notices. Should I stay in the building or simply turn it over and find an attorney to sue them for the damage?

Lexi, Chatbot

Have you previously communicated any of these issues, like the leaky roof and your loss of business, to your landlord in writing or through any formal channels?

Yes, I have extensively, and they promise to remedy and then never follow through. Ultimately, they served me a lease that no longer included the roof and quiet enjoyment as their responsibilities, whereas in the past it clearly was.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they'll be able to help with your eviction notice.

Yes.

Legal Eagle

Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! What specific damages have you incurred due to the roof leak and loss of quiet enjoyment, and do you have any documentation or evidence to support these claims?

I used to make $350–500k/year, and because of the owner’s consistent negligence, my business never bounced back after repeatedly requesting them to handle habitation issues such as termites, leaks, and basic gardening services. They consistently agreed but never did. This is years of negligence, and I was their only tenant during very tough times.

Legal Eagle

I'm really sorry to hear about the ongoing issues you've faced. It sounds incredibly frustrating. Could you let me know where you're located? This will help me understand the local laws that might apply to your situation.

I have tax forms and my text communications with them to support my ongoing requests, yet nothing was ever done. Ultimately, I was forced to do everything and held responsible when it was clearly their responsibility instead.

Legal Eagle

Thanks for sharing that. Having those documents will definitely help your case. Could you tell me if there have been any formal agreements or contracts that outline the landlord's responsibilities regarding maintenance and repairs?

Yes, I have the current lease agreements, which I believe removed the roof as their responsibility, but I can also dig up the older version of the lease in a few hours and prove it was there. Would you like me to attach the current lease anyhow?

Legal Eagle

Here is what you can do legally, step-by-step:

Gather all your communication records, lease agreements (both current and older versions), and any documents proving your financial losses due to the landlord's negligence.
If eviction is pursued, consider filing a response to the court to challenge it, based on the landlord’s failure to meet their obligations.
If you're still experiencing issues with the property, you could file a complaint with your local housing authority or a tenant advocacy organization.

Local housing authority:

Housing and Urban Development (HUD) Complaint Portal
State consumer protection office (if available).
You can also find local resources through the National Consumer League.

Legal Eagle

133,377 satisfied customers

Criminal law, employment law, family law, landlord-tenant, and real estate law.

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