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You are here: More Topics > Landlord/Tenant > Evictions Questions & Answers: General Information > Can a tenant sue a landlord for trying to evict him/her?

Can a tenant sue a landlord for trying to evict him/her?

A tenant cannot file a counter-suit against the landlord in the unlawful detainer case.

But, if the tenant has claims against the landlord for personal injury or damage to the tenant's personal property, the tenant can file a separate lawsuit.

Also, if the landlord tries to evict the tenant illegally, the tenant can file a lawsuit against the landlord for "wrongful eviction" and ask for punitive damages in addition to the damages the tenant actually suffered. If the tenant wins, the landlord may have to pay the tenant a lot of money. Even if the landlord wins this lawsuit, the lawyer fees can be very high. That's why it is very important that both landlords and tenants follow all the legal procedures properly.

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Last modified: 03/17/2008

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