I think I have a case against my LL for trespass:, invasion of privacy , breach of implied covenant of quiet enjoyment & distres

Asked about 1 year ago - South San Francisco, CA

I think but don't know if I have the correct documentation/pictures/video to prove trespass:, invasion of privacy , breach of implied covenant of quiet enjoyment , intentional infliction of emotional distress.
I cannot afford a lawyer but isn't that something she would be ordered to pay if I win?? and how much do I sue for??

Attorney answers (4)

  1. Anthony Allen Roach

    Contributor Level 14

    1

    Lawyer agrees

    Answered . It depends on your actual damages. Torts like trespass have a nominal award of damages in the amount of $1.00, unless you can prove actual damages. There are other issues, too, like punitive damages. Some personal injury/ tort attorneys take these cases on a contingency fee basis, which means their fee comes out of your settlement or judgment. Whether or not they can recover your attorney's fees depends on the legal theories presented and any written contract with your landlord.

    DISCLAIMER The materials appearing on this website are provided for informational use only, and are in no way... more
  2. Vadim Felix Frish

    Contributor Level 2

    1

    Lawyer agrees

    Answered . Not being able to get an attorney is not your biggest problem. You can always represent yourself. In short, you are likely to recover nothing from your landlord because you will have a hard time substantiating your damages claim. What is the amount of money you have lost as a result of your landlord's trespass? How have you been damaged as a result your invasion of privacy? In order to recover for intentional infliction of emotion distress you would have to show that your emotional distress resulted in medical intervention (i.e., prescription drugs, seeing a medical professional, etc.) If I was you, I would send the landlord written notice to stop entering your property without proper notice of entry. All future unauthorized and unnoticed entries should be documented for proof if needed in the future. If the conduct continues, I would consult with an attorney, and hopefully you have a written agreement that has an attorney’s fees provision. Good luck!!!

  3. Benjamin C. Varadi

    Contributor Level 7

    1

    Lawyer agrees

    Answered . In my state, most of those would be really, really hard to prove or probably don't mean what you think, and even harder to show economic loss. Showing breach of quiet enjoyment would most likely just let you get out of your lease early. That said, out here some of those claims, if valid, might have attorney's fees provisions, in which case a landlord/tenant lawyer who believes your case is strong enough and that your landlord has money to go after would consider taking it with nothing up front (or maybe just filing fees). Most landlord/tenant lawyers will offer free initial consultations and review your documentation in person.

    I'm a lawyer, but I'm not your lawyer unless we sign an agreement. While my practice involves a wide array of... more
  4. Rixon Charles Rafter III

    Contributor Level 20

    Answered . In my state, MAYBE grounds to terminate the lease. No big fat check though.

    You have no apparent damages.

    Attorney fees? MAYBE courts discretion.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

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