Can My Landlord Evict Me for Suing Them After an Injury?
Protecting Injured Tenants in All Five NYC Boroughs
Short answer: No – your landlord cannot legally evict, harass, or punish you because you sued or reported unsafe conditions. New York law protects tenants from retaliatory eviction and other forms of retaliation when they exercise their rights under the law.
Overview
When you’re hurt in your own building – whether from a broken stair, ceiling collapse, poor lighting, or another unsafe condition – it’s natural to worry that suing your landlord might put your housing at risk. New York law says you can seek compensation without giving your landlord a lawful reason to evict you for that reason alone.
Under New York Real Property Law § 223-b, landlords are prohibited from retaliating against tenants who assert their legal rights, including filing a personal injury claim, reporting code violations, requesting repairs, or contacting city agencies. Suppose your landlord takes adverse action within one year after you assert your rights. In that case, the law generally presumes the action is retaliatory – shifting the burden to the landlord to prove a legitimate, non-retaliatory reason.
What Is Retaliatory Eviction?
Retaliatory eviction occurs when a landlord attempts to remove a tenant or make their life more difficult because the tenant has asserted their legal rights. Retaliation can look like:
- Filing or threatening an eviction case shortly after your complaint, claim, or lawsuit
- Refusing to renew a lease or canceling a month-to-month tenancy without a legitimate reason
- Raising rent or removing amenities out of spite
- Cutting off heat, hot water, electricity, or other essential services
- Harassment or threats intended to force you out
When these actions follow your protected activity, courts often presume retaliation unless the landlord proves a legitimate, unrelated reason.
Is Suing My Landlord Grounds for Eviction?
No. Filing an injury claim does not void your lease or end your tenancy. You can pursue your case and keep your home. If conditions make the apartment unsafe to remain in (e.g., structural issues), we can help you find safe temporary housing and recover relocation costs, as permitted by law.
Tenant Rights After an Injury
You are protected from retaliation when you:
- File a lawsuit or insurance claim for injuries caused by unsafe conditions
- Report hazards or violations to NYC HPD or the Department of Buildings
- Request repairs or notify your landlord in writing about unsafe conditions
- Organize with other tenants or join a tenants’ association
Common Real‑World Scenarios
- You slip on a wet hallway your landlord ignored, file a claim, and get a termination notice weeks later
- A ceiling collapses; after you report it, your landlord refuses to renew and hikes the rent sharply
- After you complain about broken stairs and get hurt, the landlord starts cutting services or threatening eviction
In each situation, New York’s retaliation protections may apply.
What To Do If Your Landlord Threatens Eviction
- Document everything. Save notices, texts, emails, and take dated photos/videos of hazards.
- Keep paying rent. Do not give a legitimate nonpayment basis for eviction.
- Tell your lawyer immediately. Early action can stop illegal retaliation.
- Don’t move out unless advised. Leaving voluntarily can weaken your defenses.
Damages You May Recover in a Landlord‑Negligence Case
Depending on the facts, you may seek:
- Medical bills and future care
- Lost wages and loss of earning capacity
- Pain and suffering
- Property damage and relocation expenses
- Punitive damages in cases of extreme or reckless conduct
Our team gathers maintenance records, inspection reports, repair logs, incident reports, witness statements, and video evidence to build your case.
Why Choose Greenstein & Pittari, LLP
We focus on protecting injured tenants while ensuring their housing rights are safeguarded. Serving Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, our attorneys understand the intersection of premises liability and tenant‑protection laws. We:
- Investigate unsafe building conditions and code violations
- File and manage your personal injury claim from day one
- Assert retaliation defenses and seek court orders to stop harassment
- Pursue full compensation for your injuries and any unlawful retaliation
No fee unless we win. Your consultation is free, and we only get paid if we recover for you.
Additional Reasons to Choose Greenstein & Pittari
- Local Harlem office for convenience and trust
- No fee unless we win your case – our Fee Guarantee
- Bilingual services available for accessibility across NYC communities
- Hundreds of positive client reviews and testimonials
- We handle the insurance companies so you can focus on healing
- Top‑Rated, Award‑Winning Lawyers – recognized by Best Lawyers and Super Lawyers
At Greenstein & Pittari, we specialize exclusively in personal injury law, with a proven record of results, responsiveness, and relentless advocacy. We offer free consultations, work on a contingency basis, and fight for clients across New York. Our motto is “Don’t Be a Victim Twice.”
If you are a victim of an accident involving an uninsured or underinsured vehicle, call 1‑800‑VICTIM2 (1‑800‑842‑8462) for a confidential consultation.
We proudly maintain offices in Harlem, the Bronx, Brooklyn, Queens, Staten Island, Yonkers, and Nassau County for your convenience.
The call is free. The consultation is free. You don’t pay unless we’re successful – that’s our Fee Guarantee.
Speak With a New York City Landlord‑Negligence Attorney Today
You don’t have to choose between your health and your home. If you were injured because your landlord failed to keep your building safe – and now you’re being threatened for asserting your rights – we can help.
Call Greenstein & Pittari, LLP at 1‑800‑VICTIM2 (1‑800‑842‑8462) or contact us online to schedule a free consultation.
Serving tenants and injury victims across Manhattan • Brooklyn • Queens • The Bronx • Staten Island.