One place to start your search for an experienced landlord-tenant lawyer is Nolo's Lawyer Directory. Preliminary Steps for Handling Repair Problems There are several steps you can take before hiring a lawyer that may eliminate the need to sue your landlord in court. Find out landlord repair and maintenance responsibilities where you live.
Full Answer
You can also sue for extra punitive damages (depending on your state rules) if the landlord acted in bad faith. In most states, the small claims limit is $5,000 to $10,000. See your state's small claims court limit for details.
Here are some of the most common reasons to sue your landlord:
Emotional injuries are very real. Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.
For a typical apartment, the average usually comes in between $110 and $350, while larger houses could run $450 to $650 or more. Now, those numbers are just averages. A landlord may charge more or less depending on the city's going rate for similar services.
If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.
If you are the tenant and intend to move out (and you pay rent once a month), you have to give your landlord 30 days' notice in writing. If you do not, the landlord can charge you for the unpaid rent even after you move out. Unless a new tenant pays the rent, you will have to pay for those 30 days.
A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...
On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.
Because the apartment you rent is your own personal space, the law places many limits on landlords' activities. For example, if a landlord tries to make you move without giving you enough notice, ...
Your first step, if you suspect your tenant rights are being violated, is to review your lease. Your rental agreement spells out important terms such as your rent, size of security deposit, lease termination date, and obligations as a tenant. This may help you determine whether you have a case or not.
The worst consequence? Your landlord could file a lawsuit against you, and if you lose a countersuit, you could be responsible for damages that the landlord suffered.
If you believe your landlord is trying to evict you illegally, you can sue and try to remain in the property. Furthermore, “if you were wrongfully evicted and incurred moving fees or temporary housing costs because of it, a court can order your landlord to reimburse you for those costs,” Tamkin says.
He recommends writing your landlord what’s called a “demand letter”—a request in writing that states what you want your landlord to do.
Home repairs are typically the landlord’s responsibility, Tamkin says. So let’s say you paid for necessary repairs and your landlord agreed to reimburse you. If he reneges, you could sue to get the money. Just make sure you discussed springing for this expense before you pay for it.
Attorney fees can vary significantly depending on the nature of your claim, Tamkin says. “You can have an easy case where the landlord decides to settle quickly and the legal fees are relatively modest, but if it’s prolonged litigation where the landlord fights the lawsuit, attorney fees can be very high.”.
As a tenant, you’re entitled to “quiet enjoyment” of your home—meaning your landlord can’t barge in whenever. A landlord is legally allowed to enter a property to make repairs, says Tamkin, “but someone who repeatedly enters a property to see what the tenant is doing for no legal reason could be in violation.”.
Federal law states that landlords can't discriminate against tenants based on their race, religion, sex, national origin, or familial status. If your landlord discriminates against you, then you should take the case to your state HUD where they will do the proper investigation and take action.
As a tenant, you have the legal right of implied warranty of habitability. This includes ensuring that you have access to basic necessities like hot water and heat.
You have the right to quiet enjoyment in your rental property. That means landlords can't enter your unit without giving you reasonable notice. They can also only enter the unit for reasons allowed under your state laws and the rental agreement.
It is the landlord's responsibility to make the necessary repairs to damages that make the unit unsafe or healthy. If your landlord refuses to make repairs after you notified them or they refuse to reimburse you after you made repairs, then you have the right to sue.
You may be able to sue your landlord if you get injured on the property. This will be the case if the injury happened because the landlord was negligent.
Wrongful eviction is one of the reasons where you can bring a suit to court. A landlord can lawfully evict you for a number of reasons including:
Suing your landlord can be costly and you will likely end up paying a lot of money, including filing fees and attorney's fees. So, it's better to find other ways to resolve the issue before you take the matter to court.
Landlords have an obligation to ensure their tenants live in a safe home, condo, or apartment. When an injury is the direct cause of breached responsibility the landlord and the landlord’s insurance agency are liable for monetary damages.
All the waivers and contracts you sign when you accept your lease are designed to protect your landlord and their insurance company. Landlords are only liable if the injury in question is directly caused by their negligence.
I cannot say enough about the Warshafsky Law Firm Team - they are incredible. Responsive, kind, knowledgeable, and tenacious in protecting and advocating for their clients. I trusted they were acting on my behalf and ensuring my best interests were represented throughout my case, and the outcome was exactly what I needed.
You step out of your apartment on a blustery January morning. The front step gives way beneath you as you slip and fall down onto the ice cold cement. A loud *pop* and a *snap* crack the winter air as pain radiates from your arm. After catching your breath you look at the front step, broken clean in two.
Our client, a Wisconsin woman, was seriously injured as a result of her landlord’s negligence. She ran out to her second-story balcony to catch her breath after a small kitchen fire. When she leaned against the railing she found it had rotted through. The railing gave way and she fell two stories, suffering a compression fracture in her spine.
Yes. In Wisconsin tenants can sue their landlord for exposure to toxic mold provided the landlord was aware of the issue and failed to resolve it in a timely manner.
Here are the typical steps on how to sue your landlord in small claims court: The tenant files the lawsuit with the court clerk, fill up the forms, and pay a minimal filing fee. The papers are served (delivered) to the landlord via registered mail.
Generally, here are some of the reasons for suing your landlord that will hold up in court: Deducting an amount or withholding your security deposit. Non-compliance to the state’s regulations on security deposits. Discrimination that violates the provisions of The Fair Housing Act.
In most cases, tenants can sue landlords in small claims court with the goal to: 1 Have the landlord return the security deposit 2 Compel the landlord to keep his/her promises in rental ads 3 Force the landlord to reimburse rental fees or do repairs on the unit 4 Have the landlord comply with laws that require compensation of interests on security deposits
Here are the two major federal laws that apply to rental housing: Law. Description. The Fair Housing Act. Prohibits landlords from discriminating against a tenant because of his/her race, age, gender, religion, or disability; also includes the prohibition of exclusive marketing to specific groups of people only.
Small claims courts have simpler processes than regular trial courts. This means you don’t have to hire a lawyer and don’t have to worry about expensive lawyer fees. Small claims court is suitable for disputes that can be resolved by financial compensation i.e. damages. Here are the typical steps on how to sue your landlord in small claims court: ...
Discrimination that violates the provisions of The Fair Housing Act. Including illegal clauses in the lease agreement, e.g. refusing access to service animals. Not reimbursing you for health and safety repairs that you paid for due to the landlord refusing to pay for them.
Refusing to make repairs that render the unit uninhabitable, e.g. mold issues, lead paint hazard, etc. Not disclosing known, existing, or previous mold issues or lead paint hazards. Entering a tenant’s unit without prior notice and for no legal reasons. Injury at the property due to landlord’s neglect.
In legal terms, negligence is any behavior or action taken without proper consideration and care that results in harm to one or more persons. This may be willful (a landlord physically assaults you) or by omission (a landlord fails to maintain electrical work, resulting in a fire that leaves you with severe burns).
If a landlord takes your items, moves them, damage them, or otherwise disposes of them before then, it is considered theft. You may have the right to file a complaint or even sue for compensation to cover the lost items.
Landlords must give at least 24 hours notice to enter your property unless there is a true emergency (e.g., a broken pipe must urgently be addressed). If they continually access your property without notice, this is considered negligence in the duty of care. You may have the right to break your lease as a result.
The most obvious example of this is when landlords fail to repair or maintain a property and/or any included utilities, such as running water. Mold, insect, and rodent infestations, as well as structural problems, usually fall under this category.
1. Notify Your Landlord. Your next step should be to inform your landlord of the problem in writing.
If you rent a house or apartment and feel your landlord is behaving in a negligent manner, you may be able to take legal action. Landlord-tenant disputes can last for years so it’s best to take action sooner than later. Here’s how to report your landlord for negligence as well as when and why you should.
Landlords cannot create clauses within a lease that violate tenancy laws in order to circumvent their responsibilities. For example, a landlord cannot put in a clause that states you agree to waive their duty to make repairs or that you allow them to evict you with no notice.
After you've finished presenting your case, your landlord will have the opportunity to explain why he or she should not be held liable for the damage to your property. Avoid shouting out or doing anything else to interrupt your landlord or distract from his or her presentation.
Technically anyone over the age of 18 who isn't involved in the case can deliver the lawsuit paperwork to your landlord. However, the legal requirements for proper service are exacting, so paying a professional probably is worth the peace of mind that service has been completed properly.
Receive the judge's ruling. After both sides have had the opportunity to speak and present evidence, the judge will decide whether your landlord is liable for your property damage, and if so, how much he or she must pay you.
If your landlord doesn't show for the hearing, you have the opportunity to win your case by default.
The court forms require information about you and your landlord, as well as details about how your property was damaged, why your landlord should pay for it, and the total amount of your monetary claim. Make sure you have your landlord's name and address correct on your forms.
Since you are the plaintiff in the case, you typically have the first opportunity to tell the judge your side of the story. Using your notes, tell the judge what happened and why you believe your landlord should pay you for your property damage.
Pay your filing fees. The court requires you to pay a filing fee when you file a complaint, typically a hundred dollars or less for a small claims case. Filing fees for a small claims case are significantly lower than those for civil cases in other courts.
When issues do come up, it is best to communicate in writing with your landlord. Should you end up in a legal battle, you’ll have written proof of requests made that will be hard for the landlord to dispute. Tenants and landlords don’t always see eye-to-eye.
In some instances, a tenant will agree to make repairs and the landlord agrees to reimburse them. In other cases, it may be emergency repairs while the landlord was out of town or uncontactable.
As a tenant, you are responsible for: Keeping the premises tidy and tending the garden (if maintaining the garden is in your contract). Disposing of garbage regularly, so as to not attract rodents and pests.
If you strongly suspect you are being discriminated against, you can file a complaint with the U.S. Department of Housing and Urban Development who will investigate and, should the landlord be found guilty, follow the appropriate legal steps. 7. Refusing to reimburse you for costs of repairs.
If a fire breaks out and a visitor is injured, you can be held liable for their medical costs. It’s always advisable to take out renters insurance that covers theft or damage to your personal belongings while renting. It also covers incidents in which damage or injury occurs to others or neighboring properties.
Even though the property belongs to the landlord, you have a right to live there peacefully and privately. Your landlord should not turn up unannounced at all hours of the day and night, nor should they enter the premises without your permission. Doing so is seen as criminal trespassing in the eyes of the law.
If you are injured due to a lack of property maintenance. Should any structural or electrical problems result in an injury, you have the right to sue your landlord, provided you have informed him or her before the incident happened.
Take your folder of evidence and head to the nearest County Clerk’s office. Let the clerk know that you wish to file a civil suit against your landlord. He or she will ask you a few basic questions about your case, including what you are suing for and how much compensation you intend to seek. This helps to ensure they provide you with the right forms and/or schedule you into the correct level of court.
Gather Evidence. Begin by gathering as much evidence as you can. Take pictures, record video, and make copies of any communication between you and your landlord. Save receipts and/or invoices for repairs you are forced to handle yourself – they may help you demonstrate a pattern of negligence over time.
In the state of California, landlords and tenants are expected to work together in an effort to keep rental units safe and habitable at all times. While the tenant does need to keep the unit clean and avoid behaviors that might lead to negligent damage, it is the landlord who is responsible for regular maintenance and general repairs.
If the landlord fails an inspection, they will receive a citation and/or be forced to fix the issue within as little as 24 hours. Trying mediation: Mediation can be an excellent alternative to court, especially in the presence of “grey area” issues that landlords and tenants cannot agree on.
Breaking your lease early: A landlord’s duty of care is to maintain the premises in a fit or habitable condition over time. If your unit becomes unlivable in a way that puts your health and safety at risk, and they refuse to correct the problem, you can break your lease early and move.