what kind of lawyer do you need to sue an apartment complex

Full Answer

What is the process to sue an apartment complex?

Process of Suing an Apartment Complex. Draft the Complaint: The formal complaint contains all facts of the case and must be filed in civil court or, if the amount is within the limit, small claims court. Service of Process: An official copy of the complaint must be delivered to the landlord or the apartment complex’s management office. A ...

Is it legal for an apartment complex to charge?

No, in most states this is not legal. However, many apartment management companies try it anyway, and are often successful in collecting these fees, because the law is written in their favor and they prey on the fact that most tenants are too poor to fight them.

Can I take my apartment complex to court?

You can file in small claims court in your county, on your own, pro se without a local attorney. Go to the clerk of the court and request the packet of forms to file. File them and then you must have the "resident agent" for the complex served with the papers. You can find the resident agent by using the Sectretary of State website and looking up the name of the corporation and finding out who it is. Once you do that, that is who you serve.

Is it legal for an apartment complex to require?

Renters insurance is not required by law, but it is legal for your landlord or management company to require that you and other tenants in your apartment building or house have renters insurance as terms of your lease agreement.

What can I sue my landlord for in California?

Here are 10 common reasons to sue your landlord for negligence:Illegally Holding Your Security Deposit. ... Violated California Security Deposit Laws. ... Housing Discrimination. ... Illegal Clauses in Your Lease Agreement. ... Refuses to Reimburse You for Repair Costs. ... Allows Your Unit to Become Uninhabitable. ... Fails to Disclose Hazards.More items...•

How do I file a complaint against an apartment complex in Texas?

You can submit a complaint online, or you can call their office at (512) 463-2642 or toll-free (Texas only) at (888) 452-4778.

Can I sue my landlord for emotional distress in Texas?

Texas does recognize intentional infliction of emotional distress claims, but those claims generally apply in cases such as nursing home abuse, assaults, or threats of violence. Negligent infliction of emotional distress arises from an accident or incident caused by negligence, errors, or mistakes.

What are the renters rights in Texas?

Renter's RightsPeace and Quiet. Your rights as a tenant include the right to "quiet enjoyment," a legal term. ... Health and Safety. You have a right to demand that the landlord repair any condition that materially affects your physical health or safety. ... Security Devices. ... If You Have Problems.

How do I sue my landlord for unsafe living conditions in Texas?

Tenants have up to a year to file a housing complaint against a landlord for unsafe or unlivable housing. They can do this online, through email, hand delivery or mail to the Civil Rights Division of the TWC, 1117 Trinity Street, Room 144-T, Austin, TX 78701. The agency's phone number is 888-452-4778 or 512-463-2642.

What are HUD violations?

Housing providers who refuse to rent or sell homes to people based on race, color, national origin, religion, sex, familial status, or disability are violating federal law, and HUD will vigorously pursue enforcement actions against them.

How do you prove landlord negligence?

One way to prove landlord negligence is by proving that:A law related to safety was broken by the landlord.The purpose of the said law was for the welfare and safety of the tenant.The injuries sustained were the kind the law intended to prevent.More items...

What counts as emotional distress?

Mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition. Emotional distress can usually be discerned from its symptoms (ex. Anxiety, depression, loss of ability to perform tasks, or physical illness).

How do I report a landlord for negligence?

Make a complaint to a 'designated person' (your MP, a local councillor or a tenant panel) if you cannot resolve the problem with your landlord. Contact your council or local authority if you and your landlord still cannot resolve the problem.

How do I sue my landlord in Texas?

If your claim is for $10,000 or less against your Landlord then you file your lawsuit in Justice Court in the county where you live in the rented property. If your claim is more than $10,000 then you file in a County or District Court.

Can I withhold rent for repairs in Texas?

Although Texas law allows you to repair certain conditions and deduct the cost from your monthly rent payment, it does not allow you to simply withhold or reduce rent. So, no—you can't withhold rent for repairs in Texas.

Can you withhold rent for mold in Texas?

Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the “implied warranty of habitability.” This legal doctrine requires the landlord to provide a property in a livable condition.