Beaten up by Landlord – Assault and Battery Lawsuit Attorney

According to the U.S. Census, rental units make up around 30.3 percent of all available housing in this county as of 2022. While this is a significant number of homes, it’s actually a decrease from 2021. This is sadly the result of the COVID crisis forcing so many people out of their homes. However, the pandemic is still having a negative impact on renters, many of whom are struggling to catch up from many months of job loss or recovering from COVID. Throw in an inflation rate of 9.1% within the past year – the highest inflation hike since 1981 – and it’s no wonder people are having trouble paying rent.

This unfortunate reality has led to an increase in the number of landlord – tenant altercations, and many of these involve physical assault. If you or a loved one was injured in a fight with your landlord, please give us a call to learn about your rights and legal options. In the meantime, we will provide you some helpful information that can help you understand the legal process when you’ve been harmed by someone else’s misconduct. Please keep reading for answers to the following questions:

• My landlord beat me up for not paying rent. Can I sue?
• Do I need to press criminal charges if I want to file a lawsuit?
• What if the landlord didn’t beat me up, but threatened to hurt me?
• What can I receive from a lawsuit for assault and battery?

Acts of Violence from Landlords is on the Rise

Since 2020, there has been a significant rise in “informal evictions” which is a blanket term for a variety of illegal actions that are taken by landlords to remove unwanted tenants. During the pandemic, many landlords grew desperate as they went month after month without a check from their tenants. Many of these tenants, by the way, had applied for rental assistance through federal and state programs, but we know for a fact that most tenants never received the funds they were entitled to.

This lack of organization by government agencies fueled the anger of the landlords, who took it in to their own hands to force out renters from their properties. Intimidation tactics were commonly used, including threats of violence and actual violence between landlords and tenants. Many renters were unaware of their rights or too scared of being removed from the premises to call the police or speak to an attorney.

If you are in this situation, please know that you have rights as a victim of assault and/or battery. Late or missed rental payments do not give your landlord the right to remove you without going through the state’s eviction process. Additionally, your landlord has no right to beat you up or commit any other acts of battery, no matter how upset they are with you.

Our lawyers are here to advise you on the legal actions you can take against your landlord. Contact our office and speak to a California assault and battery lawsuit attorney.
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Assault versus Battery according to California Laws

It’s essential to understand the difference between “assault” and “battery,” since these are technically separate charges. However, both charges often go together, as most cases of assault lead to an act of battery. According to California Penal Code 240, assault is defined as a threat, or attempt to physically injure someone, meaning there is no physical force involved. Here are some examples of assault:

• During a heated argument, your landlord clenches his fist and says, “I’ll punch your lights out.”
• When you threaten to report your landlord to state authorities, they get in your face and say, “You better watch your back from now on.”
• To force you out of your apartment, your landlord and his friends form a circle around you and threaten bodily harm if you don’t vacate the premises.

Now, let’s look at “battery,” which happens when an act of assault becomes physical. This means an act of force or violence was intentionally used against another person. For example:

• Your landlord grabs your arm and forcibly drags you out of your home.
• During an argument, your landlord slaps you in the face.
• Your landlord throws an object at you out of anger, which makes contact with your face or another part of your body.

Whether your case involved assault, battery or both assault and battery, you can sue your landlord if you were a victim of unprovoked violence. This may lead you to ask “what is unprovoked violence?”

Legal Defenses in Assault and Battery Cases

The concept of unprovoked violence can be hard for many people to understand, as resentments and harsh words between individuals are considered forms of provocation. But provoking someone means something different in the legal sense. Thus, your landlord has very few defenses to work with if they have threatened or intimidated you, or physically assaulted you for not paying rent. These exceptions include:

Privilege

This generally applies to law enforcement officials, who may have injured someone that was resisting arrest. But the amount of force must be reasonable given the person’s level of resistance.

Consent

Consent may be given by individuals who agree to fight each other in situations like full-contact sports. This type of defense is unlikely to apply to a situation between landlords and tenants, though it’s possible that both parties may have agreed to fight each other. Still, the tenant may have a case for damages if the landlord used an unreasonable amount of force given the situation.

Self-defense

A landlord does have a right to defend themselves if they felt they were in imminent danger. For example, if the tenant swings their fist at the landlord, it is reasonable for the landlord to take actions to protect themselves. However, the landlord must act reasonably, like grabbing the tenant’s arm and pinning him to the ground. If the landlord took out a gun and shot the tenant, the tenant would have a case for monetary damages against the landlord.

Under these rules, your landlord does not have a right to inflict physical harm because they were upset with for not paying rent or refusing to leave when they told you to. Even if you were yelling at each other and various insults were exchanged, this is not a legal defense for assault and /or battery.

Injuries from an Incident of Assault / Battery

Depending on the violence that was inflicted on you, there are many injuries that you can suffer if you were beaten by your landlord. Please go to an ER, urgent care center, or to a doctor’s office right away, as many of these injuries require immediate treatment. A medical report will also establish the extent of your injuries, which is required in order to sue your landlord for monetary compensation.

Below is a list of the most common injuries that are associated with assault and battery cases:

• Broken nose and other facial bones
• Broken / dislocated jaw
• Eye damage
• Deep lacerations
• Internal bleeding
• Dental injuries
• Collapsed lung
• Bone fractures in the arms and legs
• Rib fracture
• Neck injury (whiplash)
• Punctured / ruptured organs
• Scarring / disfigurement
• Skull fracture
• Concussion
• Traumatic brain injury

There may be other injuries that you’ve suffered, including emotional trauma from being assaulted. In fact, the emotional injuries are worse for many victims, as they relive the incident again and again in their minds. Survivors of physical violence often develop mental health disorders like PTSD and depression. Such mental injuries are eligible for compensation, but you must consult an experienced lawyer to determine a reasonable amount to ask for. If you have questions about the value of your case, or any other issues related to your assault and battery incident, please give us a call at our office.

Can I Sue my Landlord if They Assault me for not Paying Rent?

Yes, you can file a lawsuit against your landlord if they assaulted you for not paying rent or refusing to leave the property. However, you may be wondering about your right to sue if you’ve filed criminal charges against your landlord. In California, you are allowed to seek monetary damages at the same time as a criminal prosecution for assault and battery. In fact, even if your landlord is found “not guilty” by a jury, you can still go after them in a civil lawsuit.

Additionally, you do not need to file criminal charges in order to seek compensation, meaning you can proceed immediately with a civil lawsuit. Still, we strongly encourage you to call the police, even if you don’t plan on pursuing a criminal conviction. This is important to your lawsuit for several reasons:

• Your landlord can’t say you’re making things up since you didn’t call the police to begin with.
• If there are witnesses to your attack, they are more likely to cooperate with the police, especially in the days right after your accident.
• It will be harder for you and any witnesses to recall important details as more time passes by.
• If your landlord is found guilty, it will strengthen your case with the civil courts.

Remember that filing a police report does not obligate you to seek criminal prosecution against your landlord. If anything, it establishes a clear and immediate record of the harm you’ve suffered, which can serve as evidence in an injury claim or lawsuit against your landlord.

Restitution from a Civil Lawsuit for Assault and Battery

A demand for compensation is made up of many types of damages that you can request from the party that has harmed you. A lawsuit against your landlord for assault and battery may include the following damages:

• Cost of medical treatment
• Rehabilitative services like counseling and physical therapy
• Lost wages
• Pain and suffering
• Property damage
• Legal fees
• Punitive damages

Keep in mind that there may be other losses you can recover through a lawsuit. Our attorneys can go over the damages you are entitled to and fight for ever penny of the settlement of you deserve.

I Need a Lawyer that can Help me Sue my Landlord!

Most victims of violence understand the importance of legal representation, but they may be afraid to reach out to a lawyer. Generally, they are worried about the cost of hiring an attorney, especially when they’re having financial issues already.

Here at Normandie, we operate on the principle that an injury victim should not have to pay for quality representation. That’s why we offer a Zero fee guarantee, which means our services are free to you from the moment you retain one of attorneys. We only get paid by wining your case, as our fees are calculated into your settlement award. If we don’t win your case, you won’t be responsible for any of our expenses.

Schedule a Free Case Evaluation

We understand the pain and fear that assault victims go through, and how the aftermath of an attack can affect them for the rest of their lives. Our lawyers are committed to fighting for your rights and bringing you the settlement you and your family deserve. As previously stated, we offer a Zero fee guarantee, so there is no risk to your finances at any point in your case. Please take the chance of giving us a call and scheduling a free case evaluation. We look forward to working with you and doing all that we can to help you move on from this difficult period in your life.