Wrongful Eviction Legal Recourse

Summary

As a legal resident in Iowa, you have rights even without a lease. You may sue for wrongful eviction to recover costs like temporary housing, moving expenses, and property damage. Punitive damages are rare in these cases. Losses can be both tangible and intangible, including lost wages and fuel costs for heating your car. Consult a local legal aid organization for personalized advice.

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I live in Iowa, my mother whom I lived with changed the locks and put all my stuff outside. I called the police and they would not help at all. I'm now homeless. I didn't have a lease but I had legal residency there. I'm living out of my car. Can I sue my mother for punitive damages and how much?
Hello ****, I'm sorry to hear about your situation. In Iowa:
- As a legal resident, you had rights, even without a lease.
- You may be able to sue for wrongful eviction.
- Punitive damages, however, are not typically awarded in these cases.
You should seek advice from a local legal aid organization.
Then what would be the point of suing for the wrongful eviction? I clearly would not want to go back there to cohabitate given the negative nuances surrounding this ordeal
Suing for wrongful eviction can help you recover costs like:
- Temporary housing expenditures
- Moving expenses
- Any property damage incurred.
It recognises the illegality of the eviction and helps protect your rights in the future.
So what's the difference between that and punitive damages?
Punitive damages are intended to punish the defendant and deter similar behavior in the future. They're awarded over actual losses. In contrast, damages in a wrongful eviction case primarily cover actual losses incurred by the plaintiff.
So do the losses have to be material, or can they be abstract? For example, I've been unable to work because I don't have a mailing address, would she hold any culpability in the presumptive wages I lost?
Losses in wrongful eviction can include both tangible and intangible. In Iowa, you could potentially sue for lost wages due to inability to work. However, proving this may be difficult. It's best to consult with a local legal aid organization.
What about the fuel I've used to heat my car through the nights since she's evicted me?
In Iowa, you may be able to include the cost of fuel used to heat your car as part of your damages in a wrongful eviction case. It can fall under "reasonable and necessary" expenses incurred due to the eviction.