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Walter, Legal Consultant
Category: Legal
Satisfied Customers: 11528
Experience:  Specializing in all aspects of law including Family, Real Estate, Employment and Consumer Protection
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Is it possible to sue for false eviction

Customer Question

My father-in-law evicted me and my 3 kids after there mom passed away for non-payment of rent, but I have proof I payed 1 of the 2 months he says i didn''t he told me not to worry about the other, cause I had too much other to worry about.
Submitted: 9 years ago.
Category: Legal
Expert:  Walter replied 9 years ago.


Were you taken to court and evicted?

If so did you tell the judge you did pay one month?


Customer: replied 9 years ago.
Reply to Walter's Post: I was taken to court, but i was not in a good state of mind, my wife had just died, my oldest son had got on that crack(drugs) Thank God he got over that!, my checks had been stolen. I just told him i'd get out, But i've had a lot of time to think about it now, since june of '04. my wife passed away in april of '04. We had already paid enough to pay the house off, and. My father-in-law always called it our house, that's why i done all the repairs to the place myself. I just think he owes me something for all the anguish he put me and my family through.
Expert:  Walter replied 9 years ago.


Unless you had a purchase agreement for the home then you can not claim it as your home or almost paid it off. Even so, if you are even one month behind in rent he had a valid cause for evicting you from the home.

I wish I had better news, the statue of limitations would be up in this case if this happened in 04. The fact is you have no case, if you were behind even one month he had the right to evict you from the home. Since you offered to leave it wasn't even a eviction technically so a eviction really did not take place as you were not forced to move you left willingly.

I am sorry, I know this is not what you wanted to hear. I do not make the laws nor do I agree with them all.


Walter and 2 other Legal Specialists are ready to help you
Customer: replied 9 years ago.
Thank you so much for your time.
Expert:  Walter replied 9 years ago.
Your welcome, I wish you the best in the new year.