Do I owe my cousin rent after an illegal eviction?

Full question:

Over 2 years ago, I was renting a room from my cousin and she illegally evicted me by changing the locks without giving me any prior written notice of an eviction. She now claims I owe her for 6 weeks of unpaid rent. The illegal eviction took place April 12, 2005, leaving me homeless when I got out of residential rehab April 26, 2005. Do I have a legal obligation to her?

Answer:

Generally, if you owe back rent, an illegal eviction does not eliminate that debt. However, the illegal eviction may allow you to claim expenses or damages resulting from it, which could offset the rent owed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A writ of execution can be reversed under certain circumstances, such as if it was issued improperly or if the underlying judgment is overturned. You may need to file a motion with the court to challenge the writ. It's advisable to consult an attorney to understand your options and the specific procedures in your state.