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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5751
Experience:  20 years professional experience
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I received a court order to stay in my apartment, until July

Resolved Question:

I received a court order to stay in my apartment, until July 1, 2011 in an unlawful detainer case. The manager knocked on my door on Sunday night telling me that I need to move. Yesterday, the owner came to my door threatened me, called me several racial slurs and tried to enter my apartment. I called the police and made a report. Can I file a motion and let the court know about this behavior?
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Maverick replied 5 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


Yes, you can sue them for breaching you right to quiet enjoyment in the same court that gave you the order. However, you will have to prove a monetary damage other wise , even if you win, you will get a nominal sum like $10 to recognize the harm to you.


You may have a housing discrimination suit against the landlord. See above link.



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Customer: replied 5 years ago.
I have missed two days of work dealing with this. Can I get an additional week in the apartment as an admonishment to the landlord? Can I file anything with the court, I want the commissioner to know about this violation of his order.
Expert:  Maverick replied 5 years ago.

You can ask for the lost wages. Whether getting an additional week in the apartment is a proper remedy for the harm will be upto the judge. That would not necessarily be the remedy for the type of breach you mentioned. If the judge was to award it, it would be based on equity and not law.


You can file a breach of contract suit with the court and say that they breach the quiet enjoyment covenant and that you want to be compensated for 2 days of lost wages.


You can also try to hold the LL in contempt for violating the court order, but this is not easy to do under the circumstances.



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