Should I file a lawsuit against a landlord that harshly evicted my mom while on hospice? She died right after.

I’m very sorry for the loss of your mom. I am also sorry that she was treated poorly.

It would have been nice, if he had been more sensitive about your mom’s health. Even so, it’s his legal right to evict tenants who don’t pay their rent on time.

I don’t know if you have a chance to win a lawsuit. You can speak with a lawyer but the fact remains that you were late paying the rent.

What exactly are your reasons for suing? He didn’t cause your mom’s death. Her poor health is the reason for her death.

He is a landlord and his property is his bread and butter. It isn’t his fault that your mom was sick. He needs his money, just as we all need money to survive in this world.

No, pay the rent on time next time. People are evicted all the time, it’s not inhumane.

Your mother would be dying whether she was in the apartment, a hospital, or a penthouse suite. COPD and CHF are not particularly picky about a person’s living situation.

A frivolous lawsuit won’t bring her back and likely won’t afford you any measure of peace.

You MAY be able to sue for a premature eviction… but even that is iffy. There should have been an agent of the court serving the eviction, not the maintenence man, so that is kind of weird. Those laws differ from state to state.

You’d also need to pay quite a bit for a lawyer, and if Mom was evicted I’m not sure hiring one would be a wise financial decision.

I am sad for the loss of your mom. But...

To have a legitimate suit, a tort, or wrong must have been committed.

Your mom was on hospice, therefore already dying.

The eviction did not CAUSE her death.

The courts are not about morality.

If you have the emotional strength to go through with a lawsuit and you truly feel the need to do so--then do it.

Personally, I kind of hate lawyers (and I can say that because my son is one and he can really be a jerk).

If it brings you peace..go ahead.

Be prepared for it to drag on for a long time. They count on that.

I am sorry for your loss and the circumstances surrounding it.

Lawsuits are expensive and emotionally draining. Why put yourself through this? There isn't much to be gained from suing. You won't get mom back. You'll still have to move.

You might want to check state laws to find out if this was proper legal eviction process. But even if it wasn't, so what? Who would want to live in a place where you'll be encountering these rude people?

I'm very sorry for the loss of your mother, but seeking vengeance will not bring you peace. Move on.

Horrible man.

You have enough to deal with now without sinking money into a suit you are very unlikely to win. Landlords generally follow the law for evictions. There are few "damages" when they don't. A suit is likely a waste of time. You surely can check with a tenant/landlord attorney in tour area, but if they won't take your case on contingency it is unlikely you can win.
I send my condolences to you.

So the landlord violated a court order to give you until July 1 to get paid in full?

I would contact the judge that issued the order, they get quite testy when their orders are violated.

What do you want to sue for? A hearing alone is upwards of $15k. You could probably find a lawyer to take the case even without a retainer but that lawyer will take 60% of what you might win.

Most importantly, what is in your lease about non payment and evictions? What is your state law about it? For instance, if you are in California, they would have to do an eviction process.

I'm so sorry for the horrible treatment and the loss of your Mom. You will need to consult an attorney to see if you have grounds for a winnable case. You will need evidence, like written contracts, emails, texts, voicemails, etc. Things that were expressed to you verbally may or may not be substantial enough. I wish you comfort and peace in your heart as you move through your grief.

Thank you,I

How awful! You need to get a lawyer ASAP. Then you can get advice about filing a lawsuit. Do not file it yourself and don’t try to be your own lawyer!