I was injured on defective stairs at my apartment, if I sue the landlord, can they evict me during the lawsuit? 17 Answers as of November 14, 2013

Fell down the defective stairs and was taken by ambulance to the ER. If I start a case, will I/can I be evicted?

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The Law Offices of Russell Gregory, P.C.
The Law Offices of Russell Gregory, P.C. | Russell Gregory
Probably no as a legal matter, but yes as a practical matter. I can't imagine you'd be very comfortable living under someone you're suing, which means it would probably get to a point where you want to move, anyway. Now, your matter may well be pursuable, if you incurred significant injury (basically, if you don't quickly heal, or you are substantially compromised in some way).
Answer Applies to: Michigan
Replied: 11/14/2013
Candiano Law Office
Candiano Law Office | Charles J. Candiano
It depends on your lease.
Answer Applies to: Illinois
Replied: 11/12/2013
The Law Offices of Andrew D. Myers
The Law Offices of Andrew D. Myers | Andrew Myers
Eviction by the landlord would be a retaliatory eviction and improper. See an attorney as soon as possible to scope out the liability and to ensure that proper notice is given. Slip and fall accidents are not simple cases contrary to common perception and liability needs to be established early and conclusively.
Answer Applies to: Massachusetts
Replied: 11/12/2013
Durham Jones & Pinegar | Erven Nelson
The landlord cannot legally evict you for suing. But, it might decide not to renew your lease or may think of an excuse to evict. If it tried to do so, you would cue it for breach of contract and wrongful eviction, too.
Answer Applies to: Nevada
Replied: 11/7/2013
Robert C. Slim - Attorney at Law
Robert C. Slim - Attorney at Law | Robert C. Slim
You cannot get evicted for merely filing an injury claim. But apartment leases are so full of traps and pit-falls that they might retaliate against you if you breach the lease in any little detail. But that shouldn't detract you from pursuing a claim. What happened? What were your injuries? You might want to call and get a free consultation before you make a decision on what to do.
Answer Applies to: Texas
Replied: 11/7/2013
    Gates' Law, PLLC | Thomas E. Gates
    You cannot be evicted, but they will try to do so and will make you living there uncomfortable.
    Answer Applies to: Washington
    Replied: 11/7/2013
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Only if he other wise had a legal reason to do so ie, lease expired, nonpayment of rent etc.
    Answer Applies to: Connecticut
    Replied: 11/7/2013
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    They can only evict you for violating the terms of the lease agreement; not for filing suit. Good luck.
    Answer Applies to: Alabama
    Replied: 11/7/2013
    Law Office of Scott K. Wilson
    Law Office of Scott K. Wilson | Scott K. Wilson
    As long as you keep paying rent on time you can't be evicted for making a premises liability claim.
    Answer Applies to: Washington
    Replied: 11/7/2013
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    If you have a lease, they cannot evict you unless you breach the terms of the lease, and that does not include suing them for their negligence. If you are in a month-to-month tenancy or if you are at the end ot the lease, they can refuse to renew.
    Answer Applies to: New York
    Replied: 11/7/2013
    Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
    The short answer is "NO." Do you know what is extortion? That is when someone says to you "If you do not pay me, I will hurt you." So if you borrow money from me, I can either forget about getting it back, or I can sue you. But I cannot come to visit with a baseball bat and threaten to injure you if you don't pay. What is the difference between that and my saying "If you file a claim, I am going to evict you."? No difference. As long as you pay your rent and don't become a bad tenant, you can stay. However, at the end of the lease, they do have the right to not renew your lease.
    Answer Applies to: Michigan
    Replied: 11/7/2013
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