I was illegally evicted by the owner of the house that I was renting. What is the statute of limitations regarding being able to sue the landlord and the local government for the wrongful eviction? The wrongful eviction took place in Herndon, VA 20170. Fairfax County VA
1 Answer from Attorneys
Well, there are different issues here.
If you are claiming that the other party (here a landlord) breached the contract (lease), then you can sue for breach of a written lease within 5 years after the breach. (NOT when the contract was signed, but 5 years from the date when something (anything) that was supposed to be done was not done -- the first breach.
Note that in most contract / breach of contract cases, especially a landlord-tenant case, there are usually disputes about who breached FIRST. Under Virignia law, like in most states, the party who breached FIRST cannot complain that the other party then breached later. As a result there is often a huge struggle over who breached FIRST -- that is, did anything that was prohibited or failed to do anything that was required.. The benefits of showing that hte other side breached first are big, so that is a big focus of attention.
If you want to over-turn the eviction court order you have only 10 days to file an appeal to the Circuit Court from the General District Court.