if landlord is suing you what lawyer to get

What are some reasons to sue your landlord?

If you are suing the landlord for not returning the security deposit, then the best time is to sue after you have moved out of the property. If you are suing because of uninhabitable conditions, then it’s best to sue while your lease is still valid. Also, there are statutes of limitations for property damage that you need to be aware of ...

When can your landlord Sue you for property damage?

Should You Sue Your Landlord for Not Repairing Your Rental? by Leslie Bloom, Attorney. What are tenants' options when their landlord refuses to make necessary repairs to their rental? ... Read more. Fighting Housing Discrimination: Filing a Fair Housing Complaint by Ann O’Connell, Attorney. If you’ve experienced discrimination in your ...

How do you sue your landlord?

7031 Koll Center Pkwy, Pleasanton, CA 94566. master:2022-04-13_09-33-18. Legal disputes with landlords come in all shapes and sizes. Some of the more common ones concern security deposits, rent, privacy, repairs and habitability. Tenants can …

How much does a landlord-tenant lawyer cost?

Mosbrucker & Foran specializes in filing suits for tenants who have been wrongfully evicted in violation of local rent control laws, who live with grossly defective conditions in their apartments, who have been harassed by their landlords, or who have been fraudulently leased illegal apartments. However, not every tenant who has been wronged by ...

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Sue Your Landlord Articles

Lawyers are expensive, but there are times when hiring one might be necessary to protect your rights as a renter.

What happens to emotional distress in wrongful eviction?

In wrongful eviction cases, out of pocket damages are tripled, and in cases where the landlord behaved especially egregiously, emotional distress may be too. Generally, the longer the length of your old tenancy, the more your emotional distress is valued.

How long does it take for a case to settle in mediation?

Most mediations take place eight to ten months after the case is filed. Both sides will engage in extensive discovery after the complaint and answer have been filed.

How long does a lawsuit take to respond to a court case?

Once the lawsuit is filed in Superior Court and served on the defendant (s), the defendant has 30 days to respond to the lawsuit. Professional courtesy dictates that we give a brief extension to opposing counsel.

How long does it take for a civil case to settle?

Resolution of a case. It is not unusual for a civil case to settle before trial. If a settlement is reached, payment generally is made within 30 days of the signing of the settlement papers. In most cases, the payment is made by the landlord’s insurance company, and not the landlord.

How long do you have to be present for a civil case?

You are required to be present for all the days of the trial, if it takes place (although over 95% of civil cases settle without trial). Often, cases will be postponed one or more times on the motion of one or the other side. Some cases are not resolved for up to two years, although this is rare.

Can you undo a tenant who has been evicted?

Pretty much all that the legal system can do for a tenant who has been treated badly is award that tenant a certain amount of money as compensation. It can’t undo the bad experience or make your landlord apologize to you. If you have been wrongfully evicted, it generally can’t restore you to your former home.

What happens if a landlord refuses to fix a tenant's plumbing?

If the landlord refuses to make repairs that affect the health and safety of the tenant, then the tenant can often withhold rent, move out of the property or eventually sue the landlord. 2 .

What is the implied warranty of habitability?

This means that the landlord is responsible for making repairs and keeping the property in livable condition.

What happens if you lose a countersuit?

If you lose this countersuit, you could be responsible for court costs, their attorney’s fees (as well as your own), as well as damages the landlord suffered plus the original amount the landlord was seeking.

Where do landlord vs tenant lawsuits occur?

Most landlord versus tenant lawsuits occur in small claims court. Eviction cases, however, are usually heard in a higher court. Again, each state will have different laws regarding the exact procedures. For example, the maximum amount you can sue your landlord for will differ in each state.

Can a tenant sue over everything?

You don’t want to be known as the tenant who sues over everything. There will be legitimate circumstances where a lawsuit is the only option, such as a serious injury caused by a landlord’s complete neglect. In other, less serious, situations, a lawsuit may be a waste of your time. If your landlord is withholding $25 from your security deposit ...

Can you file a lawsuit if your landlord refuses to make repairs?

Unit Is Uninhabitable: You can file a lawsuit if your landlord refuses to make repairs that affect your health and safety. For example, you do not have running water, your heat is not working in the winter or you have a mold issue or lead paint hazard.

Can a landlord sue you outside of court?

Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court. He or she may agree to settle with you before the matter ever goes ...

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 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 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.

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.

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 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.”.

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.”.

Does the Issue Impact Habitability or Your Health?

You can’t sue your landlord for refusing to make just any repair—it must be one that, if it’s not fixed, makes it unsafe or unhealthy for you to live in the rental.

Know Your State and Local Laws

Landlord repair and maintenance responsibilities vary based on where you live. Familiarize yourself with your state and local housing laws before you decide to pursue a lawsuit.

Give Your Landlord Reasonable Time to Make the Repair

Some habitability repairs might be straightforward, such as a installing a new thermostat to ensure working heat. Others might take more time to fix. While you might want instant relief, it might not be reasonable to expect a quick remedy for a serious problem. For example, a damaged roof will take a lot longer to fix than a basic heater repair.

Try Other Legal Options Before You Sue Your Landlord

Depending on where you live, you might have other options to try before pursuing a legal action against your landlord. Many states—but not all—allow tenants to:

Suing Your Landlord in Small Claims Court

All states except Arkansas (which doesn’t recognize the implied warranty of habitability on the state level) permit you to sue your landlord if your rental is not habitable. You can sue your landlord for refusing to make repairs whether or not you decide to move out.

What You Can Expect From Suing Your Landlord?

What you can sue your landlord for depends on the laws of your state. In some states, you can sue a landlord for any property losses associated with your unlivable rental unit, such as damaged furniture or other personal belongings.

What is a demand letter?

For example, you could write to your landlord to request that they return your security deposit and that they did not follow the procedures outlined under California law. For security deposits, landlords should be well aware of their requirements outlined in California Code of Civil Procedure Section 1950.5.

How to serve a small claims court in California?

Once you file your California small claims court lawsuit, the next step is to notify your landlord that they have been sued. This is called "service of process" (also known as "service"). You must serve your landlord at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve your landlord including by having a friend serve, hiring a process server, or hiring the sheriff. You cannot serve your own lawsuit.

How long does it take to get a small claims hearing?

Once you file your small claims lawsuit, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, your landlord may call you to try and settle the case. If you come to an agreement, you can close your small claims lawsuit.

What to do when a problem arises?

The first thing to do when a problem arises is to communicate with your landlord. If you are still living in the unit, you have an ongoing relationship with your landlord and maintaining that relationship is important.

Can you sue your landlord for a security deposit?

You can sue your landlord in small claims if you think the amount they kept from your security deposit is incorrect or if they used your deposit to repair damage to the unit considered "normal wear and tear." Remember, your landlord cannot take money from your security deposit for damages that are considered "normal wear and tear."

Can I sue my landlord in California?

We often receive the question, can I sue my landlord in California small claims? The answer is yes as long as the dispute is for $10,000 or less (more on this below). Disputes with landlords are very common in small claims court.