how to obtain a lawyer to sue an apartment complx

by Easter Cartwright MD 4 min read

One option is to hire a lawyer to sue the landlord in court. Another option is to file a fair housing complaint with the Department of Housing and Urban Development (HUD), or a state or local agency in HUD's Fair Housing Assistance Program

Fair Housing Assistance Program

The Fair Housing Assistance Program is a federal program that is administered by the Office of Fair Housing and Equal Opportunity at the U.S. Department of Housing and Urban Development. The FHAP program provides funding annually on a noncompetitive basis to State and local agencies that enforce fair housing laws that are substantially equivalent to the Fair Housing Act.

(FHAP). HUD and state and local agencies in FHAP receive over 10,000 discrimination complaints a year.

Full Answer

How to sue an apartment complex?

Sep 27, 2017 · You need to contact a local landlord tenant attorney. I would also contact the local board of health. They may also be able to help you. The provided information is for informational purposes only. This should not be construed as the providing of legal advice, since facts and circumstances of each matter can affect the correctness of this advice.

Can I file a negligent security claim for injuries at an apartment complex?

Dec 27, 2018 · When a serious conflict arises between an apartment resident and the landlord or management company, a lawsuit may be the only way to enforce a tenant's rights. Successfully suing an apartment complex requires knowledge of landlord-tenant laws and proof of a violation. You also must determine what you would like the court to do, such as award you a sum of …

Do I need a lawyer to file a lawsuit against my Landlord?

Oct 23, 2014 · The attorneys at Grossman Law will be able to help you determine how to receive financial compensation for your injuries and to answer any questions you have about your claim. If you think you have a premises liability personal injury claim, contact Grossman Law Offices at (855)326-0000.

What are the grounds for a lawsuit against a landlord?

If you suffered injuries from an act of violence at an apartment complex, you must prove that an apartment complex failed to take reasonable measures to protect you and similarly situated tenants. The other elements of a successful lawsuit are: (a) whether the apartment complex’s negligence contributed to some or all your injuries, and (b) the amount of money it takes to …

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What happens if a landlord fails to settle a case?

If this fails, the matter proceeds to a stage called discovery, in which you and the landlord exchange the information and the evidence you both intend to present at trial.

Who accepts paperwork for apartment complex?

Although state rules vary, typically, if the apartment complex has a management company that oversees the operation of the rental units, those employed to run the business are qualified to accept the paperwork.

What are some examples of landlord violations?

Some of the most common landlord violations include: Failing to provide a safe and habitable apartment or complex. Breaking terms of the apartment lease. Entering the apartment without the required notice. Failing to return a security deposit. Unlawful eviction. Discrimination.

How much can you get in small claims court?

Small claims court limits range from $1,500 to $25,000, depending on the state. Small claims courts may be a little easier to navigate on your own if you choose not to hire an attorney.

What is a complaint called?

Drafting the Complaint. You must draft a complaint, sometimes called a petition. A complaint initiates the lawsuit and must be formatted in a way that conforms to local court rules. For example, list facts relevant to your claim and the law that you believe has been broken, in numbered paragraphs.

If you are injured as a tenant or visitor to an apartment complex, they may be held liable for the injuries you have sustained

The apartment industry provides a service of affordable housing for singles and families across Texas. In providing and profiting from this service, they have particular duties and responsibilities that are unique to them.

When are apartment complexes liable?

There are certain concerns that people may not always consider, which are specific to apartment complexes. Some of the situations we have litigated at Grossman Law have been very dangerous. These cases can be challenging because the apartment complexes can often be held liable for wrongful acts that they themselves did not commit.

We're experts in the field of premises liability

If you or a loved one is ever injured at an apartment complex, the property owners may be responsible. The attorneys at Grossman Law will be able to help you determine how to receive financial compensation for your injuries and to answer any questions you have about your claim.

Who has the burden of proof in a civil lawsuit?

The victim (whom a civil lawsuit refers to as a “plaintiff”) has the burden of proof in a civil lawsuit. The plaintiff must show that it is more likely than not that the apartment complex owner or manager caused the injuries or substantially contributed to them.

What is the duty of care of an apartment complex?

Owners of apartment complexes owe their tenants (and visitors) a duty of care that includes taking reasonable measures to protect tenants from harm that third parties cause. If an apartment complex did not take reasonable measures to ensure your safety and you were the victim of an assault, the complex may be liable.

Can you sue an apartment complex for negligent security?

You may be able to sue an apartment complex for negligent security if you were the victim of a crime in or around an apartment building. However, you must be able to prove the crime resulted from a lack of adequate security.

Can you be negligent in an apartment complex?

Merely suffering injuries at an apartment complex does not validate a negligent security claim. If you suffered injuries from an act of violence at an apartment complex, you must prove that an apartment complex failed to take reasonable measures to protect you and similarly situated tenants.

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.

What happens if your landlord doesn't fulfill your lease?

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the landlord who keeps putting off needed heating system repairs until winter is well under way, or the landlord who ignores a ground-floor tenant's requests to fix a broken window until a burglary occurs.

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.

What happens if a landlord doesn't maintain the property?

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring repair job could spark an electrical fire in your living room, damaging your furniture and other belongings.

What to do if tenant rights are violated?

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.

What happens if you lose a countersuit against your landlord?

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.

What happens if you are evicted illegally?

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.

What is a demand letter for landlord?

He recommends writing your landlord what’s called a “demand letter”—a request in writing that states what you want your landlord to do.

Who is responsible for home repairs?

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.

Can attorney fees vary?

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.”.

Can a landlord barge in?

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.”.

What happened to the handyman in the apartment?

She screamed, and he struck her, knocking her unconscious. She sustained a traumatic brain injury.

Why did the plaintiff suffer harm?

The plaintiff suffered harm because of the apartment’s negligent security. The handyman used the stolen keys to enter residents’ apartments and steal their valuables. A resident who was home sick for the day surprised the handyman when he came into her bedroom to steal her jewelry.

Morgan Jay Seegmiller

The two previous answers are good advise. I can offer some additional detail, however, it depends on whether they deducted the $1,000 out of your deposit or whether they are merely trying to collect the money now.

Steven Singh Dhillon

I agree with my colleague. Documentation is key. If they refuse to return the thousand dollars then sue them in small claims court. If they pursue you for the charges then deny that you owe anything, dispute the charges, give them proof of the conditions and tell them to sue you.

John M McKindles

At this point, your best course of action would include gathering any documentation you can which evidences the flooding that took place which caused the damage the complex is now attributing to you.

How to prevail in an apartment complex lawsuit?

In order to prevail in a lawsuit, you would need to prove (1) that the apartment complex had a duty (including assumption of a duty to provide security), (2) that the apartment complex breached that duty (i.e., negligently performing the assumed duty), and (3) that the failure of the apartment complex to perform the duty was the proximate cause of your loss. As a general rule, your apartment complex is not liable for the criminal act of another; so it is not enough that the crime occurred. Instead, you have to show that the apartment complex failed to properly perform a duty and thereby proximately cause the loss. I suggest that you start with a careful reading of your lease for terms concerning security at the apartment complex.

Is an apartment complex liable for a crime?

As a general rule, your apartment complex is not liable for the criminal act of another; so it is not enough that the crime occurred. Instead, you have to show that the apartment complex failed to properly perform a duty and thereby proximately cause the loss.

Can Bernard Huff sue?

Bernard Huff (Unclaimed Profile) You may sue. , However, in order for the apartment complex owner to be held liable, you have to provenegligence, and that his negligence was the proximate cause of your truck being stolen. * This will flag comments for moderators to take action.

What to do if a landlord doesn't resolve your issue?

If a face-to-face meeting doesn’t allow you to resolve your issues, the next step would be to file a formal complaint. Formal complaints help to motivate landlords or property managers to resolve your problem or can be used to legally compel them to do so or face dire consequences. All you need to do is to contact the relevant authorities ...

Is discrimination against renters based on race?

However, from all the issues mentioned above, discrimination is treated in a serious manner. According to the Fair Housing Act, current or potential renters should not be discriminated against; based on their race, color, disability, religion, gender, sexual orientation, nationality, or familial status.