what kind of lawyer do i need to sue my 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. This e-mail may contain confidential or privileged information.

Can I Sue my Landlord for an illegal eviction?

Jan 08, 2018 · Since landlord-tenant laws vary by area, your first move when considering suing your landlord should be to speak with a real estate attorney. This professional can help you understand your rights,...

How to sue my Landlord for emotional distress?

Sep 14, 2021 · Before you do anything else, decide whether it’s worth the time and risk to sue your landlord. Most likely, you’ll sue in a local small claims court and will have to pay court fees (they vary by state), prepare your case, and defend yourself in front of a judge. Winnable lawsuits against your landlord include the following reasons. 1.

How to sue your attorney?

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, or bankruptcy.

What is a landlord tenant attorney?

A landlord/tenant attorney can help you analyze your situation, determine what your rights are, and make a well-informed decision about how to protect your interests. We've created a list of trusted landlord/tenant attorneys to help you find a lawyer who is the best fit for your situation.

What are the legal issues with landlords?

Legal issues related to real estate and the landlord/tenant relationship come in a variety of forms. These often include: 1 Landlord/tenant disputes, such as those related to rental rates, late or unpaid rent, security deposits, disagreements about the habitability of rental property, and other tenant rights and landlord rights issues. 2 Eviction, either seeking to evict a tenant or helping a tenant fight eviction and stay in their home (especially during times where additional tenants' rights/renters' rights are in effect, such as the COVID-19/coronavirus pandemic). 3 Rental agreements and lease agreements, including initial drafting and review of rental contracts, updates to the terms of the lease, and other contract-related matters. 4 Discrimination claims, including those related to housing discrimination on the basis of race, national origin, sex, religion, disability or other classification protected under the federal Fair Housing Act or other state or local ordinances. 5 Commercial real estate matters, from negotiating an initial commercial lease to litigating business disputes related to the lease or other issues. 6 Personal injury claims, if a property is not kept safe and in proper repair and someone is injured as a result. 7 Addressing tangential issues for landlords, including business law and estate planning-related issues such as business succession planning, and protection of rental property assets in a divorce or other family law matter.

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.

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.

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.

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.”.

How to sue your landlord?

If you intend to sue your current landlord, follow these steps to maximize your odds of winning: 1 Continue Paying the Rent on Time. Late payments could cause the judge to side against you. In a literal sense, two wrongs don’t make a right here; your landlord’s violation doesn’t entitle you to violate your lease agreement. 2 Observe the Other Lease Rules. Whatever you do, don’t move in a pet, throw loud parties, or do anything else that would violate your lease contract while you’re waiting for your court date. 3 Keep Records. Keep a written record of any communication you have with your landlord. Include the date and time and anything that was said. If your landlord starts harassing you before the court date, tell this to the judge.

What happens if you sue your landlord?

Once you sue your landlord, you poison the well, and your relationship with them will never recover.

What to do if you don't have evidence?

If you’re trying to sue for something that doesn’t have a specific value, such as mistreatment from your landlord, talk to a lawyer before you file a claim. A lawyer can help you decide how much you could win in your case. If You Don’t Have Any Evidence. Empty accusations don’t make for a convincing court case.

What to do if landlord harasses you?

Include the date and time and anything that was said. If your landlord starts harassing you before the court date, tell this to the judge. Beware, if you sue your landlord, they won’t forget it. Expect them to look for every opportunity to remove you from the leased premises, regardless of the outcome of the lawsuit.

What is the difference between normal wear and tear and damage?

But as a general rule, “damage” is caused by a single incident, like the tenant spilling red wine on the carpet, while “normal wear and tear” is caused gradually over time, such as discoloration on the most frequently tread areas of the carpet.

How long do you have to notify a landlord of your intention to enter a unit?

Among other tenants’ rights, renters have a right to privacy and quiet enjoyment. Landlords must provide a certain amount of time — usually 24 to 48 hours — in between when they notify the tenant of their intention to to enter the unit and when they do. The exception to this rule is emergencies.

Do you have to return security deposit when moving out?

When you move out, you expect to have your security deposit returned, so long as you leave the unit clean and undamaged. And it usually works out that way. But not always.

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, ...

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.

What is a landlord responsible for?

Landlords are legally responsible to take care of things like a leaky roof that damages your bedroom furniture when it rains; a roof leak that has caused a small stain in the bedroom ceiling would not be considered a habitability problem. Landlord responsibilities (and your options) vary for major versus minor repairs.

Can you sue your landlord for an uninhabitable rental?

In every state but Arkansas (which does not recognize the implied warranty of habitability on the state level), you can sue your landlord for an uninhabitable rental unit. And you can do this whether or not you move out. (But staying only makes sense if it's safe to do so—something that wouldn't be the case if your roof has major leaks in studio apartment and it's the rainy season where you live.)

What to do if landlord doesn't respond?

If they failed to respond immediately and/or did not do anything to fix the problem, you may need to take matters into your own hands.

How long does it take to respond to a landlord's notice?

You have brought the problem to the landlord’s notice and given them a minimum of 30 days to respond. Your place qualifies as unsafe (you can get an expert or a third party to assess the severity of the damage) You are not responsible for the unsafe living conditions.

What are some examples of unsafe conditions?

Landlord-Tenant laws differ by state, but some common examples of unsafe conditions are: Leaking roofs. Overcrowded house.

How long do you have to respond to a small claims lawsuit?

Your demand for action. Your intention to sue. Give them at least 30 days (depending on state law) to respond and take action. File your claim. If they do not offer a favorable response, you can pursue a case against them in a small claims court.

Can you take your landlord to court?

When you take your landlord to small claims court, the repercussions can range from a strained relationship to an abrupt eviction. Though most states prevent your landlord from evicting you because you sued them, you may have your security deposit forfeited or find the rest of your stay unpleasant.

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.