How to File a Lawsuit
Content
How to file a lawsuit 1. In the 1st stage of the lawsuit (known as the pleadings), you write a document (called the complaint) that: Describes the basic facts of your case Names of everyone involved References the legal theory to back up your claim States what you want as the outcome (money, an agreement of action etc)
2. You (the plaintiff) and the person you are suing (the defendant) are known as the parties of the lawsuit. 3. How do you determine where the suit will be filed? In a small court there’s no jury and you can’t bring an attorney although you can meet one prior to the court date. The process is quick and a lot less complicated than in other courts. On what qualifies for small claims court check with your local clerk of court to find out what the requirements are. 4. Once the complaint is completed, it is filed in the selected court. This really gets the ball rolling and it gets the attention of your adversary. The filed complaint has to be delivered to the defendant. This is called service of process. In addition to the complaint, the defendant will also be served a summons. The summons explains what the defendant needs to do as a result of the complaint. Defendants Response Once the defendant has been served, he must respond to your complaint by filing response pleadings. One type of response pleadings is called an answer. In that document the defendant might totally deny the complaint, part of it, or point a finger at someone else not named in the complaint, point out technical problems in the complaint itself etc. In other words the answer’s purpose is to somehow modify the complaint. Motions If the defendant’s response pleading isn’t an answer then it must be in the form of a motion. A motion introduces some other question to the court that the judge must rule on. Motions can be filed at any time during the trial up until the final judgement is made.
The party that initiates the motion is called the mover and the other party is called the opposing party. When one party files a motion the opposing party can file a request for the judge to deny the motion. For example, the defendant may file a motion to dismiss if: o There is no legally sufficient claim in the complaint that warrants the award the plaintiff is requesting. o o o The court lacks the subject matter jurisdiction or personal jurisdiction for the case. The court isn’t of the proper venue. There has been a problem with the process itself.
Countersuits The defendant may also file a countersuit against the plaintiff, which makes the plaintiff the counter-defendant. This begins a new complaint process; however, the 2 cases will be heard as one lawsuit. If the defendant’s response isn’t filed within the allowed time, you may ask the judge to enter a default judgement, meaning that you will be awarded everything you requested in the complaint. However, judges often allow the defendant additional time to file responsive pleadings if there’s a good reason for not getting it done on time. Once the pleadings are filed, discovery begins. 10 Steps to Take Before You File a Lawsuit 1. Evaluate whether you have a good case Don’t make an emotional decision. Base your decision on facts and reason.
2. Determine the theories of law under which you will file your case Do some research on the law and see if it supports your theories.
3. Determine whether you have evidence to prove your case Make a list of all possible evidence you will use such as documents, writings, objects, records, photographs and so on. 4. Determine whether there are witnesses to help prove your case Was there anyone who observed first hand any of the issues that will be considered in the course of the lawsuit Are there witnesses who can testify about the events and evidence you will present at trial
Will these witnesses be willing to testify on your behalf or would you have to summon them to court
5. Determine the expenses you will incur and be financially prepared Take the cost of filing a lawsuit into account including filing fees and costs, earnings lost while you pursue your lawsuit. 6. Consider whether you have the physical and emotional energy 7. Think about whether the defendant will sue you back 8. Carefully consider whether you’ll be able to collect on a judgement Conduct a thorough investigation of the party you wish to sue to determine what types of assets they have to satisfy any judgement you might receive. You can’t squeeze blood from a stone. 9. Check whether your lawsuit is timely Certain types of lawsuits must be filed within a certain prescribed period of time known as the statute of limitations. 10. Attempt to settle your dispute by less costly means. Courts Act [Ch0302s3]3. Process of courts
1. All summons, warrants, orders, rules, notices and mandatory process whatsoever, whether civil or criminal, shall – a. If issued or made by the High Court, be signed by the Registrar; b. If issued or made by the court of a magistrate, be signed by him, and every such summons, warrant, order, rule, notice and mandatory process shall be sealed with the seal of the court issuing or making the same. 2. All summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or with the authority of any court respecting any cause or matter within its jurisdiction shall have full force and effect and may be served or executed anywhere within Malawi. 3. Service of any summons, warrant, order, notice or other document in a civil matter may be made by an officer of the court or by the legal practitioner acting for the party at whose
instance, or on whose behalf, such service is to be effected, or by any person in the employment of such legal practitioner, or by an agent of such legal practitioner authorized in writing in that behalf. [Ch0302s7B] Seals of District Registries 1. In every District Registry there shall be used such seal as the Chief Justice shall direct. 2. The seal of every District Registry shall be impressed upon every document which is required by any written law to be so sealed and all such documents and copies thereof which purport to be sealed with the seal of a District Registry shall be received in evidence without further proof. 3. For the purposes of this section “seal” means any device capable of making an imprint, whether embossed or otherwise, on paper. Order II Interpretation O.2, r.1 1. Interpretation “notice” means written notice unless the court in any case shall otherwise order;
Order VIII Service O.8, r.1 Address for service O.8, r.2 Mode of service
Subject to this Order and Order IX, service of every document shall be personal and shall be effected by delivering the document or by producing it for inspection and delivering a copy thereof. A copy bearing the seal of the court and the signature of its proper officer shall for this purpose be deemed to be an original document.
O.8, r.3 Non-acceptance If the person to be served refuses to accept the document or copy, it may be left near him and his attention diverted to it. O.8, r.5 Service at address of service Any document delivered at the address for service of any person shall be deemed to be served on such person. O.8, r.6 Notice of hearing Notice of hearing shall be 7 clear days’ notice unless the court shall otherwise order. O.8, r.7 Return date, other proceedings Notice of all other proceedings shall be 2 clear days’ notice, subject to any law to the contrary, and unless the court shall otherwise order. O.8, r.12 Proof of service Service of process may, unless the court shall otherwise order, be proved either by the endorsement on the summons of the officer of the court who effected service or by affidavit of the person who effected
service and, where the service was personal and the person served was not personally known to him, by such affidavit and the affidavit of the person who identified the person to be served. The person served shall sign an acknowledgement of service, but refusal or inability so to sign shall not affect the validity of the service.
O.10, r.3 Affidavit by defendant 1. If a defendant desires to defend the whole or any part of the claim he shall, within 8 days after service of the summons inclusive of the day of service, give notice by an affidavit made by himself of his legal practitioner to the court from which the summons issued, of his intention to defend. 2. The affidavit shall state that the defendant has a good defense to the plaintiff’s claim and shall, subject to sub-rule (3), indicate clearly the grounds of his defense. 3. If the grounds of the defendant’s defense are such that the plaintiff’s allegations in his statement of claim cannot be dealt with adequately except by filing a defense, the defendant’s affidavit shall so state and the defendant shall, within 7 days after filing the affidavit or within such extended time as the court may allow, file and cause to be served on each plaintiff a defense in Form 5. O.20, r.6 Service of orders 1. Every judgement or order requiring any person to do any act other than the payment of money shall state the time within which the act is to be done. If no time be so stated, the act shall be done within 7 days from the date of the judgement or order. 2. If the person required to do such an act was personally present or represented by a legal practitioner when the judgement or order was given or made, it shall not be necessary to serve him with a copy thereof or any notice of the consequences of default. If he was not so personally present or represented, no proceedings for his arrested or commitment shall be taken unless he shall have been served with a copy of the judgement or order endorsed with a notice in Form 15. Main points of distress law The 5 principal points to be taken into account when defining the remedy of distress are:
a. Whether or not the tenant’s overdue payment is “distrainable rent” due under a current tenancy; b. The means by which distress is to be levied; c. The goods which can be taken; d. The landlord’s duties related to the sale of the goods; e. The remedies available to the landlord in the event of problems and the ways in which the tenant or a third party can challenge his actions.
a. Rent Distress is only available to enforce an obligation to pay rent reserved in a lease or tenancy. Leases often define payments such as service charge as rent or provide that they are to be treated as or recoverable as rent. It is unclear whether or not the inherent right to distrain attaches to all payments described as rent or whether a contractual right equivalent to distress attaches to them. It is also unclear whether or not the amount of a claim which the tenant may have against the landlord. b. The levy of distress i. The landlord who is an individual may either ask a certificated bailiff to levy the distress or levy it himself. A company or other corporate landlord has to use a certificated bailiff. If the bailiff levies the distress he must comply with additional rules including a requirement to give the tenant notice that distress has taken place. ii. The levy of distress is not allowed on a Sunday and it must take place between sunrise and sunset. The levy consists of 3 legal stages known as entry, seizure and impounding. Under no circumstances is entry onto the demised premises be by force but the rules relating to what constitutes forcible entry are difficult to ascertain.
c. The sale Providing that the distress is not illegal the buyer of the goods from the landlord will receive good title to them. There can be difficulties in assessing whether or not a distress is “illegal, irregular or excessive”. An illegal distress is generally one which is unlawful from the beginning, for example, where the landlord distrains when there are no rent arrears. It is irregular where
the seizure was legal but the distress is then subsequently improperly conducted. An excessive distress occurs where the value of the goods taken is obviously disproportionate to the outstanding rent. The assessment of value is made by the landlord or bailiff unless the tenant has requested a valuation. d. The tenant’s remedies i. The remedies available to an aggrieved tenant depend upon whether the distress is unlawful, in which case it is void ab initio, or irregular, or excessive. If the distress was excessive, the tenant’s only remedy at law is an action against the landlord or the bailiffs for damages. He may recover damages for the temporary deprivation of his goods, but if the goods have been sold, the measure will be the value of the goods, after deducting the rent and proper expenses, which seems to add little to the tenant’s right to receive the overplus. Presumably an injunction would be granted before sale in a suitable case. ii. If the distress is irregular, i.e. conducted irregularly after an initially lawful levy, again the tenant’s only legal remedy is a claim for the special damages suffered, with the possibility of an injunction, where appropriate. iii. The distress will be illegal if the landlord (or other person) was not entitled to distrain at all, e.g. where there were no arrears, or there had been a valid tender, or if there has been some irregularity at the onset, e.g. where there has been a forced entry, or privileged goods have been taken. In such a case, the distrainor is a trespasser and several remedies may be available to the tenant. The tenant is entitled to rescue the goods at any time before impounding; thus there would be no criminal or civil liability for rescous. He can replevy. There is a potential claim for damages in respect of the period of deprivation and/or the full value of the goods, in trespass or conversion without any deduction for rent. As the distress is void ab initio, the distrainor can pass no title on sale, and the owner can proceed against the purchaser in conversion. If the rent was in arrear, the tenant can recover double the value of his sold goods. iv. An aggrieved tenant, who is able to allege “wrongful interference” with his goods, within the meaning of the Torts (Interference with Goods) Act 1977, could apply for interlocutory relief under section 4 of that Act. The torts included are conversion of goods, trespass to goods, and negligence and other torts resulting in damage to goods or an interest in goods. The courts can order delivery of the goods to the plaintiff on such terms and conditions as it thinks fit. However, attempts to use that procedure are
likely to raise some similar questions to those which would arise in replevin, e.g. whether the plaintiff’s allegation of wrong are sufficient to bring him within the section, whose object is, not so much to produce an order restraining a party from seizing goods, but rather to produce a positive order for the delivery up of those goods. v. When the distress is irregular or excessive the tenant’s choice of remedy is limited to a claim for damages and perhaps to obtaining an injunction to stop the sale of the goods. e. The time Distress can be levied on the day after the rent falls due, even if the rent is payable in advance. It can only be done in the hours of daylight between sunrise and sunset.
Complaints 1. Wrongful distress 2. Unlawful eviction 3. Harassment 4. Breach of Agreement 5. Trespass to property 6. Negligence Unlawful Eviction A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgement possession. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means e.g.: o o Use of threats of violence Remove a tenants possessions
When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings - the real property law
A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in legal action against the landlord. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights e.g. taking good faith actions to protect their rights under the lease. No landlord, or any party acting on the landlord behalf, may interfere with the tenant’s privacy, comfort, or quite enjoyment of the apartment. Harassment may take any form of physical or verbal abuse, willful denial of services, or multiple instances of frivolous litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment.
Wrongful distress Taken on the day payment was due to be made Taken as a retaliation action Forcible entry to premises
Harassment Threatening text message Summoned and held up for 3 hours at the police Frivolous distress Forcibly entered home without consent, removed belongings and left destitute
Breach of contract Prove that the contract existed Prove that the contract was broken Prove that you suffered a material loss as a result of the broken contract
Trespass to property
2. You (the plaintiff) and the person you are suing (the defendant) are known as the parties of the lawsuit. 3. How do you determine where the suit will be filed? In a small court there’s no jury and you can’t bring an attorney although you can meet one prior to the court date. The process is quick and a lot less complicated than in other courts. On what qualifies for small claims court check with your local clerk of court to find out what the requirements are. 4. Once the complaint is completed, it is filed in the selected court. This really gets the ball rolling and it gets the attention of your adversary. The filed complaint has to be delivered to the defendant. This is called service of process. In addition to the complaint, the defendant will also be served a summons. The summons explains what the defendant needs to do as a result of the complaint. Defendants Response Once the defendant has been served, he must respond to your complaint by filing response pleadings. One type of response pleadings is called an answer. In that document the defendant might totally deny the complaint, part of it, or point a finger at someone else not named in the complaint, point out technical problems in the complaint itself etc. In other words the answer’s purpose is to somehow modify the complaint. Motions If the defendant’s response pleading isn’t an answer then it must be in the form of a motion. A motion introduces some other question to the court that the judge must rule on. Motions can be filed at any time during the trial up until the final judgement is made.
The party that initiates the motion is called the mover and the other party is called the opposing party. When one party files a motion the opposing party can file a request for the judge to deny the motion. For example, the defendant may file a motion to dismiss if: o There is no legally sufficient claim in the complaint that warrants the award the plaintiff is requesting. o o o The court lacks the subject matter jurisdiction or personal jurisdiction for the case. The court isn’t of the proper venue. There has been a problem with the process itself.
Countersuits The defendant may also file a countersuit against the plaintiff, which makes the plaintiff the counter-defendant. This begins a new complaint process; however, the 2 cases will be heard as one lawsuit. If the defendant’s response isn’t filed within the allowed time, you may ask the judge to enter a default judgement, meaning that you will be awarded everything you requested in the complaint. However, judges often allow the defendant additional time to file responsive pleadings if there’s a good reason for not getting it done on time. Once the pleadings are filed, discovery begins. 10 Steps to Take Before You File a Lawsuit 1. Evaluate whether you have a good case Don’t make an emotional decision. Base your decision on facts and reason.
2. Determine the theories of law under which you will file your case Do some research on the law and see if it supports your theories.
3. Determine whether you have evidence to prove your case Make a list of all possible evidence you will use such as documents, writings, objects, records, photographs and so on. 4. Determine whether there are witnesses to help prove your case Was there anyone who observed first hand any of the issues that will be considered in the course of the lawsuit Are there witnesses who can testify about the events and evidence you will present at trial
Will these witnesses be willing to testify on your behalf or would you have to summon them to court
5. Determine the expenses you will incur and be financially prepared Take the cost of filing a lawsuit into account including filing fees and costs, earnings lost while you pursue your lawsuit. 6. Consider whether you have the physical and emotional energy 7. Think about whether the defendant will sue you back 8. Carefully consider whether you’ll be able to collect on a judgement Conduct a thorough investigation of the party you wish to sue to determine what types of assets they have to satisfy any judgement you might receive. You can’t squeeze blood from a stone. 9. Check whether your lawsuit is timely Certain types of lawsuits must be filed within a certain prescribed period of time known as the statute of limitations. 10. Attempt to settle your dispute by less costly means. Courts Act [Ch0302s3]3. Process of courts
1. All summons, warrants, orders, rules, notices and mandatory process whatsoever, whether civil or criminal, shall – a. If issued or made by the High Court, be signed by the Registrar; b. If issued or made by the court of a magistrate, be signed by him, and every such summons, warrant, order, rule, notice and mandatory process shall be sealed with the seal of the court issuing or making the same. 2. All summonses, warrants, orders, rules, notices and other processes whatsoever, whether civil or criminal, issued or made by or with the authority of any court respecting any cause or matter within its jurisdiction shall have full force and effect and may be served or executed anywhere within Malawi. 3. Service of any summons, warrant, order, notice or other document in a civil matter may be made by an officer of the court or by the legal practitioner acting for the party at whose
instance, or on whose behalf, such service is to be effected, or by any person in the employment of such legal practitioner, or by an agent of such legal practitioner authorized in writing in that behalf. [Ch0302s7B] Seals of District Registries 1. In every District Registry there shall be used such seal as the Chief Justice shall direct. 2. The seal of every District Registry shall be impressed upon every document which is required by any written law to be so sealed and all such documents and copies thereof which purport to be sealed with the seal of a District Registry shall be received in evidence without further proof. 3. For the purposes of this section “seal” means any device capable of making an imprint, whether embossed or otherwise, on paper. Order II Interpretation O.2, r.1 1. Interpretation “notice” means written notice unless the court in any case shall otherwise order;
Order VIII Service O.8, r.1 Address for service O.8, r.2 Mode of service
Subject to this Order and Order IX, service of every document shall be personal and shall be effected by delivering the document or by producing it for inspection and delivering a copy thereof. A copy bearing the seal of the court and the signature of its proper officer shall for this purpose be deemed to be an original document.
O.8, r.3 Non-acceptance If the person to be served refuses to accept the document or copy, it may be left near him and his attention diverted to it. O.8, r.5 Service at address of service Any document delivered at the address for service of any person shall be deemed to be served on such person. O.8, r.6 Notice of hearing Notice of hearing shall be 7 clear days’ notice unless the court shall otherwise order. O.8, r.7 Return date, other proceedings Notice of all other proceedings shall be 2 clear days’ notice, subject to any law to the contrary, and unless the court shall otherwise order. O.8, r.12 Proof of service Service of process may, unless the court shall otherwise order, be proved either by the endorsement on the summons of the officer of the court who effected service or by affidavit of the person who effected
service and, where the service was personal and the person served was not personally known to him, by such affidavit and the affidavit of the person who identified the person to be served. The person served shall sign an acknowledgement of service, but refusal or inability so to sign shall not affect the validity of the service.
O.10, r.3 Affidavit by defendant 1. If a defendant desires to defend the whole or any part of the claim he shall, within 8 days after service of the summons inclusive of the day of service, give notice by an affidavit made by himself of his legal practitioner to the court from which the summons issued, of his intention to defend. 2. The affidavit shall state that the defendant has a good defense to the plaintiff’s claim and shall, subject to sub-rule (3), indicate clearly the grounds of his defense. 3. If the grounds of the defendant’s defense are such that the plaintiff’s allegations in his statement of claim cannot be dealt with adequately except by filing a defense, the defendant’s affidavit shall so state and the defendant shall, within 7 days after filing the affidavit or within such extended time as the court may allow, file and cause to be served on each plaintiff a defense in Form 5. O.20, r.6 Service of orders 1. Every judgement or order requiring any person to do any act other than the payment of money shall state the time within which the act is to be done. If no time be so stated, the act shall be done within 7 days from the date of the judgement or order. 2. If the person required to do such an act was personally present or represented by a legal practitioner when the judgement or order was given or made, it shall not be necessary to serve him with a copy thereof or any notice of the consequences of default. If he was not so personally present or represented, no proceedings for his arrested or commitment shall be taken unless he shall have been served with a copy of the judgement or order endorsed with a notice in Form 15. Main points of distress law The 5 principal points to be taken into account when defining the remedy of distress are:
a. Whether or not the tenant’s overdue payment is “distrainable rent” due under a current tenancy; b. The means by which distress is to be levied; c. The goods which can be taken; d. The landlord’s duties related to the sale of the goods; e. The remedies available to the landlord in the event of problems and the ways in which the tenant or a third party can challenge his actions.
a. Rent Distress is only available to enforce an obligation to pay rent reserved in a lease or tenancy. Leases often define payments such as service charge as rent or provide that they are to be treated as or recoverable as rent. It is unclear whether or not the inherent right to distrain attaches to all payments described as rent or whether a contractual right equivalent to distress attaches to them. It is also unclear whether or not the amount of a claim which the tenant may have against the landlord. b. The levy of distress i. The landlord who is an individual may either ask a certificated bailiff to levy the distress or levy it himself. A company or other corporate landlord has to use a certificated bailiff. If the bailiff levies the distress he must comply with additional rules including a requirement to give the tenant notice that distress has taken place. ii. The levy of distress is not allowed on a Sunday and it must take place between sunrise and sunset. The levy consists of 3 legal stages known as entry, seizure and impounding. Under no circumstances is entry onto the demised premises be by force but the rules relating to what constitutes forcible entry are difficult to ascertain.
c. The sale Providing that the distress is not illegal the buyer of the goods from the landlord will receive good title to them. There can be difficulties in assessing whether or not a distress is “illegal, irregular or excessive”. An illegal distress is generally one which is unlawful from the beginning, for example, where the landlord distrains when there are no rent arrears. It is irregular where
the seizure was legal but the distress is then subsequently improperly conducted. An excessive distress occurs where the value of the goods taken is obviously disproportionate to the outstanding rent. The assessment of value is made by the landlord or bailiff unless the tenant has requested a valuation. d. The tenant’s remedies i. The remedies available to an aggrieved tenant depend upon whether the distress is unlawful, in which case it is void ab initio, or irregular, or excessive. If the distress was excessive, the tenant’s only remedy at law is an action against the landlord or the bailiffs for damages. He may recover damages for the temporary deprivation of his goods, but if the goods have been sold, the measure will be the value of the goods, after deducting the rent and proper expenses, which seems to add little to the tenant’s right to receive the overplus. Presumably an injunction would be granted before sale in a suitable case. ii. If the distress is irregular, i.e. conducted irregularly after an initially lawful levy, again the tenant’s only legal remedy is a claim for the special damages suffered, with the possibility of an injunction, where appropriate. iii. The distress will be illegal if the landlord (or other person) was not entitled to distrain at all, e.g. where there were no arrears, or there had been a valid tender, or if there has been some irregularity at the onset, e.g. where there has been a forced entry, or privileged goods have been taken. In such a case, the distrainor is a trespasser and several remedies may be available to the tenant. The tenant is entitled to rescue the goods at any time before impounding; thus there would be no criminal or civil liability for rescous. He can replevy. There is a potential claim for damages in respect of the period of deprivation and/or the full value of the goods, in trespass or conversion without any deduction for rent. As the distress is void ab initio, the distrainor can pass no title on sale, and the owner can proceed against the purchaser in conversion. If the rent was in arrear, the tenant can recover double the value of his sold goods. iv. An aggrieved tenant, who is able to allege “wrongful interference” with his goods, within the meaning of the Torts (Interference with Goods) Act 1977, could apply for interlocutory relief under section 4 of that Act. The torts included are conversion of goods, trespass to goods, and negligence and other torts resulting in damage to goods or an interest in goods. The courts can order delivery of the goods to the plaintiff on such terms and conditions as it thinks fit. However, attempts to use that procedure are
likely to raise some similar questions to those which would arise in replevin, e.g. whether the plaintiff’s allegation of wrong are sufficient to bring him within the section, whose object is, not so much to produce an order restraining a party from seizing goods, but rather to produce a positive order for the delivery up of those goods. v. When the distress is irregular or excessive the tenant’s choice of remedy is limited to a claim for damages and perhaps to obtaining an injunction to stop the sale of the goods. e. The time Distress can be levied on the day after the rent falls due, even if the rent is payable in advance. It can only be done in the hours of daylight between sunrise and sunset.
Complaints 1. Wrongful distress 2. Unlawful eviction 3. Harassment 4. Breach of Agreement 5. Trespass to property 6. Negligence Unlawful Eviction A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgement possession. Only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means e.g.: o o Use of threats of violence Remove a tenants possessions
When a tenant is evicted, the landlord may not retain the tenant’s personal belongings or furniture. The landlord must give the tenant a reasonable amount of time to remove all belongings - the real property law
A tenant who is evicted from an apartment in a forcible or unlawful manner is entitled to recover triple damages in legal action against the landlord. Landlords are prohibited from harassing or retaliating against tenants who exercise their rights e.g. taking good faith actions to protect their rights under the lease. No landlord, or any party acting on the landlord behalf, may interfere with the tenant’s privacy, comfort, or quite enjoyment of the apartment. Harassment may take any form of physical or verbal abuse, willful denial of services, or multiple instances of frivolous litigation. If a landlord lies or deliberately misrepresents the law to a tenant, this may also constitute harassment.
Wrongful distress Taken on the day payment was due to be made Taken as a retaliation action Forcible entry to premises
Harassment Threatening text message Summoned and held up for 3 hours at the police Frivolous distress Forcibly entered home without consent, removed belongings and left destitute
Breach of contract Prove that the contract existed Prove that the contract was broken Prove that you suffered a material loss as a result of the broken contract
Trespass to property
