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Thank you very much for your help, Attorney Wendy. I texted…

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Thank you very much for your help, Attorney Wendy. I texted your advice to my niece verbatim.
There is a related item I would like to ask you about. After the inspection the landlord served my niece and her husband with an eviction notice. The eviction has made it difficult for them to find a new apartment. A sympathetic person in the office of one complex told me it sounded like a false or illegal eviction. It appears to me to that he blames them for the inspection, and evicted them in retaliation. Is there a way that they can they do to have the eviction taken off their record?
Submitted: 3 months ago.Category: Real Estate Law
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5/13/2018
Real Estate Lawyer: Attorney Wendy, Lawyer replied 3 months ago
Attorney Wendy
Category: Real Estate Law
Satisfied Customers: 1,413
Experience: Member at Keefer & Keefer LLC
Verified

Since the eviction was completed and presumably the landlord followed the right procedures, even if it clearly sounds he did it for wrongful reasons. It sounds like what he did is what is considered retaliatory eviction. This article does a pretty good job summarizing what that means: https://www.nolo.com/legal-encyclopedia/free-books/renters-rights-book/chapter11-1.html

Connecticut is one of the states that does have a law against retaliatory eviction - Conn. Gen. Stat. §47a20, 47a-33. Under this law, retaliation is presumed if the eviction or wrongful act by the landlord occurred within 6 months of their report to a health inspector. One option - depending on how long it has been since the court approved eviction - may be to appeal the eviction to the court and to raise the retaliation issue. Even if the time for appealing has passed, they may be able to file a motion to vacate the judgment and at least be heard. But it may also take filing a new lawsuit. They may want to consult with a local landlord-tenant attorney to help. They may also want to go to their local housing authority office - or whatever local government office handles landlord-tenant issues - and ask if that office can help. They may also want to write their prior landlord a letter stating that if he does not take action to remove the eviction they may have to file a lawsuit for retaliatory eviction and seek damages for the injury the eviction has had on their credit - sometimes just that threat of litigation may cause someone to take steps to avoid it (sometimes not).

I hope this helps. Let me know if you need anything further. If I answered your question and provided excellent service, I would greatly appreciate another 5 star rating.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Real Estate Lawyer: Attorney Wendy, Lawyer replied 3 months ago

I just wanted to follow up to see if you needed any further assistance.

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Customer reply replied 3 months ago
My niece's husband was using and selling cocaine as a young man, over 40 years ago. My niece was stealing checks and credit cards from relatives 10 or 15 years ago, and was convicted of nine felonies. My aunt, who initiated legal action against her, and wrote a letter to the court requesting that she be sentenced to a long probation, but no jail time.
She thinks their records are impacting their chances to find a new apartment.
Is there anything they can do to alleviate the effects of their criminal records on their chances to find a new apartment?
Real Estate Lawyer: Attorney Wendy, Lawyer replied 3 months ago

If the criminal charges/convictions are old and both of them have been clean of any criminal activity for a while, it may be worth speaking with a local attorney about what it would take to expunge their records. With each of those types of crimes (drug and financial), it is likely that is impacting their ability to rent an apartment. After a period of time expungement is a possibility for non-violent (and sometimes violent) crimes that can remove this mark from someone's record once the state is convinced they cleaned themselves up and no longer pose a threat.

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