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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Landlord-Tenant
Satisfied Customers: 9882
Experience:  Commercial and residential leases in NY & NJ & US
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My Daughter's landlord took her to court to have her evicted

Customer Question

My Daughter's landlord took her to court to have her evicted a couple of weeks ago and the judge threw the case out, he started trying to make it very uncomfortable for her to stay there but she just started a job after being told to be on bed rest by her doctor, well due to all of the stress and harassment by her landlord she is now in the hospital and while she's in there she was served with a five day evicted notice, mind you code enforcement has sent a letter to her landlord telling him to make repairs, we don't know what to do, currently she is in the hospital and the landlord says he doesn't want her money he just wants her off the property and there is no heat the refrigerator doesn't work, I paid someone to fix the toilet it goes on and on what ca we do right now
Submitted: 1 month ago.
Category: Landlord-Tenant
Expert:  Richard - Bizlaw replied 1 month ago.

Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.

What state are you in? Is the basis for the landlord's current suit the same one as the case that was thrown out two weeks ago?

Customer: replied 1 month ago.
South Carolina
Customer: replied 1 month ago.
it is the same
Expert:  Richard - Bizlaw replied 1 month ago.

Sorry for the delay I will get back to you within the hour with your answer

Expert:  Richard - Bizlaw replied 1 month ago.

What you should do is to make a motion in the court to dismiss the latest action on the basis that the identical action was just dismissed and the second case is barred by the doctrine of res judicata because there is no new basis for eviction. You should also interpose a counterclaim for breach of the covenants of habitability and quiet enjoyment. The habitability covenant goes to the condition of the apartment. She should point all the defects and provide proof that she gave the landlord notice of the defects but he has failed and refused to make the necessary repairs. She wants a reduction of the rent she has paid in the past and going forward until the repairs are made. She also has a claim for breach of the covenant of quiet enjoyment. This is for the harassment that has so upset her. She may not be allowed to pursue this in the same action brought by the landlord but she should claim all the damages she has suffered. It it is not allowed it will be because she has to bring it in a separate proceeding.

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