what kind of lawyer do i need to sue a landlord

What are some reasons to sue your landlord?

Jun 15, 2015 · You need a labor law attorney or a landlord tenant attorney with knowledge of the labor laws. There is nothing you can do to prevent your landlord from selling the property. You may have a claim for past wages if you were paid less than the law allows... 0 found this answer helpful | 4 lawyers agree Helpful Unhelpful 0 comments

How do you sue a landlord?

May 03, 2017 ·

How to fire your attorney?

How do you sue your attorney?

Oct 10, 2014 · Most any lawyer experienced in civil litigation can help. There are some plaintiff's attorney's that specialize in an area of law called, "Toxic Torts." They will be harder to find, but if you do a google search, you should be able to find some. When looking, do not limit your search to La Verne, but to all of LA County.

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.”.

Athina Karamanlis Powers

If you were renting this condo, you would have claims for the breach of warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and related actions. You may have claims against both your landlord and the HOA. A full consultation would be necessary to properly advise you.

Sagar P. Parikh

Only a tiny handful of lawyers would want to get involved with this, so try a toxic torts type lawyer in your state. Avvo has the best lawyer finder tool to locate an attorney nearby.

Christian K. Lassen II

Most any lawyer experienced in civil litigation can help. There are some plaintiff's attorney's that specialize in an area of law called, "Toxic Torts." They will be harder to find, but if you do a google search, you should be able to find some. When looking, do not limit your search to La Verne, but to all of LA County.

How long does a landlord have to respond to a lawsuit?

In justice court, the defendant in a suit for damages has 14 days after service in which to file a written answer with the court. See Texas Rule of Civil Procedure 501.1 (c).

What to do if landlord misses deadline?

In a lawsuit for damages, the court will set a trial date to hear your lawsuit once the defendant has filed an answer. You will have to check with the court clerk to find out when the trial will be scheduled.

What happens if you don't answer your lawsuit for damages?

If the defendant does not timely answer your lawsuit for damages after being served or appear for trial in a suit for repairs, you can get an automatic or “default” judgment against the landlord. If that happens the judge will give you a judgment awarding you damages or, in a repair case, other appropriate relief.

Who is the proper defendant in a chapter 92 lawsuit?

Thus, if you are suing for a violation of chapter 92 or the lease, the proper defendant is the landlord. If the landlord believes the management company is liable, it can bring the management company into the case. The landlord can be a person or a company. You may never have met the landlord.

Can you sue your landlord?

Suing your landlord is very easy to do, but it’s best to try to come to an agreement with your landlord and only sue if you can’t make an agreement because your landlord might retaliate . While this may be illegal for the landlord to retaliate, it is still something you will have to deal with. See Retaliation.

Who is the landlord in the property code?

Section 92.001 of the Property Code defines the landlord as the owner of the property , and says it does not include the manager or agent unless the manager or owner purports to be the owner. All the duties in chapter 92 of the Property Code are placed on the landlord rather than the management company.

Can a business name be used as a landlord?

Businesses can use names called “assumed names,” which are not usually the name of the real landlord. Landlords can be people or they can be business entities. If a natural person owns the land, you should sue the person, not the name of the business or the name of the apartment complex.

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.

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 .

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 ...

Can you sue a landlord for a security deposit?

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.

Can landlords and tenants be in conflict?

Landlords and tenants do not typically enter into their relationship looking for conflict. Sometimes, however, problems develop that cannot be easily fixed by a phone call or email. In these situations, a tenant may consider suing their landlord to resolve the issues in court.

Can a landlord enter a tenant's property illegally?

Entering a Tenant’s Property Illegally: Landlords usually have to provide reasonable notice to enter a tenant’s rental property and they can only do so for legally allowed reasons. 10  If a landlord violates these laws, the tenant can go to court to stop the landlord from entering and could be awarded damages.

What can a landlord/tenant lawyer do?

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, ...

Why hire a landlord attorney?

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, ...

What is a tenant lawyer?

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.