free lawyer representation when suing a roommatefor rent

So, can I sue my roommate for breaking lease agreement? Yes. If you suspect you have a case, schedule a free consultation with a lawyer. He or she can help you review the evidence and determine if suing is in your best interests. Not every case is ideal for civil court – this is true even if the evidence is extremely clear.

Full Answer

How to sue a roommate for not paying rent?

What evidence do I need to sue my roommate?

What should I do if my roommate doesn't respond to my demand letter?

Do I Need a Lawyer for my Roommate/Co-Tenant Problem? Sometimes serious disputes can arise between roommates or co-tenants. An experienced landlord tenant attorney can help you decide whether or not to sue your roommate or co-tenant. If you need to go to court, a landlord tenant attorney can represent you and help you get the best results possible.

What happens if you put something in a roommate agreement?

 · Income Eligible. Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below. # of People in Your Home. Household Yearly Income. 1. $25,760. 2. …

How Do I Add a Roommate?

In order to establish tenancy, most states require that the new roommate have the consent of the landlord and that the roommate contribute to or pay rent.

Disputes between Roommates

Informal arrangements are made between roommates all the time, about rent, bedrooms, or any other issues. Disputes between roommates are bound to arise. To protect oneself, it may be best to prepare for any arguments that are likely to develop. The first step is to choose your roommates carefully.

What Happens if One Roommate Decides to Leave?

A co-tenant who decides to leave before the term of the tenancy is over is still liable. Before leaving, the co-tenant should obtain the consent of the landlord because if he does not the landlord may evict everyone else.

Can A Roommate Be Evicted?

Joint tenants cannot be evicted by their fellow tenants because their contract is with the landlord. Subtenant eviction will differ by state. Some states treat the tenant as a landlord in relation to the subtenant. Other states will not permit tenants to evict their subtenants without the landlord.

Can a Landlord Reject a Roommate?

Yes, the landlord reserves the right to reject any tenants. It is important for the landlord, however, not to treat the person as a tenant. This means that if the landlord accepts any type of payment, checks, cash or even services, the person may automatically become a tenant in the eyes of the law.

Income Eligible

Whether you get a free lawyer depends on your income and how many people live with you. You can get a free lawyer if your yearly household income is less than the amount in the chart below.

Type of Court Case

Tenants with Holdover cases and Nonpayment cases get a free lawyer. Your court papers say the type of case. A nonpayment case is what an owner starts to collect rent. A holdover case is what an owner starts to evict a tenant for a different reason than nonpayment of rent. Learn more about Holdover and Nonpayment cases.

Where to Get More Information

If you qualify for a free lawyer, visit About the Universal Access to Legal Services Law to find out how to get a free lawyer and what services you can get.

How long does it take to get a rent hearing?

You can expect a hearing to be scheduled in about 30-60 days. Although a written agreement as to how the rent was to be divided would be helpful, it is not necessary. You can prove the arrangement through witness testimony or other documents like canceled checks.

Can you sue Jerrie Sue Weiss?

Jerrie Sue Weiss (Unclaimed Profile) Yes, you can definitely sue her for her unpaid portion. Actually, if both of your names are on the lease, the landlord is usually entitled to get the rent from either one of you without regard to how you agreed to split it. * This will flag comments for moderators to take action.

Can you sue your roommate for unpaid rent?

Yes. You can sue your roommate for the unpaid rent even if you didn't have a written agreement as to how to divide the rent among yourselves. * This will flag comments for moderators to take action.

How to find answers to legal questions without a lawyer?

Consider online sources for straight-forward questions. There are many online databases and law resources where you can educate yourself and find the answers to direct questions without having to consult an actual lawyer. This could be a logical first step before pursuing further legal help!

How to get a free consultation on real estate?

Schedule a free consultation with a local lawyer who specializes in real estate law in your state. You can use the American Bar Association website to find a free consultation in your area to get the legal process started.

What is free legal advice?

Non-profit organizations, like the Housing Rights Center, offer free legal advice (in this case, for the state of California) to help settle simple landlord and tenant disagreements. Free telephone and in-person consultations help both landlord and tenants know their rights and the best steps to take based on their particular state’s law.

What is lawhelp.org?

LawHelp.org is an organization mostly focused on helping low-income families find legal resources, but they also offer information about completing legal/court forms and citizen rights, as well as lists of legal offices by state. This site offers other helpful links to pro bono web sites and advocacy organizations.

Is it free to evict a tenant?

Well – it’s free! If you have a simple problem with your tenant and wonder if it’s grounds for eviction, free legal advice through web sites and consultations could help steer you in the right direction.

Is legal advice free?

Truly free legal advice is hard to come by. Be ware of websites and organizations that promise free legal advice and then charge a fee. Make sure to read the fine print and don’t give your payment information unless the terms of the exchange are clear!

Is legal jargon confusing?

Legal jargon can be confusing. Many resources (especially on the Internet) offer information and advice in the language of lawyers. Be sure to further investigate any terms or phrases that are unfamiliar!

Who is responsible for rent when a roommate moves out?

All tenants who signed the lease are responsible for the rent for the entire duration of the lease whether they live there or not. When roommates move out and don’t pay their share of the rent, you (and the other roommates) must pay the rent in full or face eviction.

How to avoid roommate disputes?

Most roommate disputes can be avoided by laying out simple guidelines and expectations at the beginning of the living arrangement in a written agreement.

What to do if landlord evicts one roommate?

Protect yourself, too, if your landlord decides to evict one roommate. Sometimes roommates become violent during the eviction process. You might need to file an anti-harassment or domestic violence order (local police or a battered woman’s shelter can provide advice).

What should roommate agreements not be at odds with?

how you will handle any major disputes that come up (for example, about damage to the rental property), and. any other issues that are important to you (such as an all-vegan kitchen). Remember that your roommate agreement should not be at odds with the lease that you and your roommates ( cotenants) sign with the landlord.

How to collect rent from non paying roommate?

You can try to collect rent from the nonpaying roommate. If friendly measures don't work, consider suing your roommate in small claims court.

What happens if a roommate violates the lease?

If Your Roommate Violates the Lease. Your landlord can terminate the entire tenancy even if just one roommate causes problems—for example, by not paying the rent, damaging the rental unit, bringing in a dog (if your lease prohibits pets), making too much noise, or otherwise violating the lease.

How to deal with roommate who is upset?

Communication is key to a quick resolution. Speak up if you’re upset by something your roommate (or a roommate’s guest or pet) did or didn’t do, said or didn’t say. Calmly explain why you’re upset. Be specific and let your roommate know how to keep the peace in the future.

What to do if landlord discriminates against you?

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

Why do landlords have attorneys fees?

Many landlords include an "attorneys' fees" clause in their lease or rental agreement to prevent frivolous lawsuits. If your lease or rental agreement includes this clause, you might be entitled to get reimbursed for your reasonable attorneys' fees and court costs if you win a lawsuit against your landlord.

How many discrimination complaints does HUD receive?

HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year. If HUD investigates your complaint and determines there's reasonable cause to believe your landlord has been discriminating, you'll get the benefit of having a HUD lawyer representing you in front of an administrative law judge at no cost. The judge can award you compensation and attorneys' fees, impose penalties against your landlord, and order other relief.

What is tenant rights?

The more you know the law and your legal rights, the better. The Tenant Rights section of the U.S. Department of Housing and Urban Development (HUD) website provides a wide variety of state and local resources, including links to fair housing groups, rent control boards, tenant unions, and legal aid organizations for each state ;

What to do if landlord refuses to honor promise?

If the landlord later refuses to honor the promise, you might need to hire a lawyer to write a stern letter to your landlord, with a reminder that landlords can be held liable for some criminal activities at their rentals, and threatening a lawsuit unless the landlord follows through.

What to do if landlord serves termination notice?

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a local lawyer that is knowledgeable about landlord-tenant law and has significant experience fighting evictions.

How to evict a landlord?

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord doesn't have the right to take, or even threaten, any self-help actions against you.

Contact the City Courthouse

Andrea Vacca is a collaborative divorce attorney in New York City and the owner of Vacca Family Law Group. She says – at least with divorces – that "some courts offer free assistance to parties who want to fill out their own uncontested divorce paperwork."

Seek Free Lawyer Consultations

Some attorneys will offer free consultations – usually by phone or videoconference. You aren't likely to come away feeling like you're ready to try your first case, but even if it's just a 15-minute call, you may at least get enough information to have a better sense of what legal morass you're in for.

Look to Legal Aid Societies

Legal aid societies are nonprofit organizations found in almost every corner of the country that provide free legal services to low-income people. While this is certainly worth exploring, the problem for many households is that the individual or couple makes too much money to qualify for help.

Visit a Law School

You could also consider hiring an up-and-coming law student to give you advice.

Contact Your County or State Bar Association

The Akron Bar Association, in Akron, Ohio, is an example of what's out there. You can call the second and fourth Fridays of each month from 9 to 11 a.m., as part of their Ask an Attorney Service, and they'll answer legal questions for free.

Go to Small Claims Court

Unfortunately, this isn't a viable option for everyone. For instance, you can't go to small claims court if you're trying to work out your financial affairs after a divorce.

Do I Need a Lawyer?

After looking around and talking to enough attorneys or law students, you may decide that you do need a lawyer – and the more you look around, you may find one who will work with you on a small budget. It's worth asking around because you may find that the fees aren't as high as you fear, especially if you can get them capped.