what kind of lawyer do you need to sue apartment management

Otherwise you would need a real estate lawyer to file a small claims against the property manager for conversion/breach of contract. You need to terminate his or her services and demand the money be paid into another trust account for the tenant. You need to send a demand to the tenant and evict him or her if payment is not received.

Full Answer

Do I need a lawyer to sue my Landlord in court?

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.

How to sue an apartment complex?

Aug 10, 2015 · 4 attorney answers. As a tenant/renters lawyer this is a common issue. You would start with a tenant lawyer if you really wanted to pursue this, but understand that you would likely be paying out of pocket and looking to get fees reimbursed if you succeed in court.

Is it possible to sue a property management company?

If your landlord tries to evict you by taking matters into his own hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer. These types of "self-help" remedies are illegal. No matter how strong a landlord's case may be for ending a tenancy, a landlord ...

Who is qualified to settle an apartment management company lawsuit?

Whether you are a renter who is leasing a house or apartment or a landlord who rents out real estate, there are a variety of reasons that you may need legal advice. 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.

Your Landlord Is Evicting You

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 lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your 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...

Your Landlord Won't Make Necessary Repairs

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 land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

4 attorney answers

As a tenant/renters lawyer this is a common issue. You would start with a tenant lawyer if you really wanted to pursue this, but understand that you would likely be paying out of pocket and looking to get fees reimbursed if you succeed in court.

Mark Theodore Tischhauser

Personal injury might be the best. I would recommend maybe hiring an attorney to send a demand letter on his letterhead. If that doesn't work, you may have to sue in small claims. Regards,

Christian K. Lassen II

Even if they used as high as $50 a month it will over you more to hire a lawyer to sue since it will be such a small sum of money and in small claims court. Unless this was $100+ for a year or more it likely won't be worth suing if the problem is corrected now.

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 is vicarious liability?

For example, if the property manager is an employee of the property owner, then the legal principle of vicarious liability will mean the property owner (principle) can be held responsible for the negligent actions of its employee/ agents (property manager), regardless of whether the principle was personally negligent.

Can you sue a property management company for negligence?

When a person is injured because of unsafe conditions unaddressed due to property management company negligence, there may be grounds to sue. This is something that arises frequently in densely-populated cities like Atlanta, where many people rent apartments or own condominiums with common spaces that property management companies may be responsible to maintain.

Can a condominium association be held liable for damages?

If the condominium association contracts with a property management company and negligence by that firm results in injury to someone, the ability to hold the property management company liable for damages will depend on the contract terms between the association and the property manager.

Property Management Company Responsibilities to Tenants in Florida

The right to file a lawsuit against another person or party for a personal injury exists through Florida’s civil tort system. The civil tort system holds parties responsible for acts of negligence that injure or harm others.

Common Complications During Claims Against Property Management Companies

Many cases against property managers in Florida are straightforward. You provide evidence of negligence, carelessness, fraud or a breach of duty to the property manager’s insurance company, complete with proof of your losses, and receive an insurance check. However, some exceptions can make for a more complicated claims process.

Is Filing a Lawsuit the Right Solution for You?

Even if you have grounds to sue a property management company, litigation might not be the right solution for you. Bringing a company to trial in Florida can take a great deal of time and money.

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.

Why can't a landlord evict a tenant?

There are various reasons why a landlord can evict a tenant, including a violation of a lease provision, like not paying rent. However, many landlords choose to evict a tenant for an unlawful reason or attempt to evict a tenant without going through the proper process.

What is quiet enjoyment?

The covenant of quiet enjoyment is like the implied warranty of habitability —it is a right you have whether it is stated in your lease or not. You have the right to enjoy your property without being disturbed by a significant nuisance. If another person or business’s conduct makes it impossible for you to be in your rental unit or use it as ...

Can you get your security deposit back?

A common issue among renters is paying a security deposit and never getting it back, despite leaving your rental unit in good condition. How landlords must handle security deposits and fees depends on state law or a local ordinance. The rules can vary greatly from one location to the next.

Can a landlord enter an apartment?

When you rent an apartment or single-family home, you are entitled to privacy within that unit. The landlord is not allowed to come in and out of your apartment whenever they want. Instead, there are rules as to when a landlord can enter your apartment.

Can you request repairs on a rental unit?

Because the minimum necessary condition of your rental unit is defined by your state law and your lease, you are entitled to request repairs. Each state has laws regarding when a landlord must make repairs and how quickly. Some counties and cities have local ordinances regarding this issue, as well.

Where is Victoria Langley?

Victoria E. Langley is a legal content writer living in the Pacific Northwest. She holds a B.A. in philosophy from Northern Illinois University and a J.D. from the John Marshall Law School of Chicago. She strives to combine her passion for the law and writing. When she isn’t translating complex legal concepts and statutes into easy-to-read content, you'll find her brewing tea, reading science fiction, spending time with friends and family, and planning on making more banana bread.

How to pursue a lease claim without going to court?

If you have signed a lease that includes one, you'll have to pursue your claim without going to court, probably first in mediation and then, if that fails, through arbitration before a panel of one or three arbitrators.

What happens when one party brings a suit against the other?

In most business situations, once one party brings a suit against the other, cooperation and amity between the two parties can end.

What happens if you sign an arbitration agreement?

If you signed an arbitration agreement when you signed your lease, you might have given up the right to sue in a court of law, and you'll have to pursue your claim in arbitration.

Can you sue a company for negligence?

If so, you can usually file against the company for negligence in the court you choose, either your state Superior Court if the injury or property damage you suffered was severe or small claims court if it was not. There are a couple of conditions, however, that can making filing suit difficult or impossible.

Is a property management company a limited liability company?

In some cases, you might find that the property management company is a limited liability company without listed owners. Although it's almost inevitable that a property management LLC will have assets your suit could claim, unless you can serve the real parties who control the LLC, you have no obvious way of bringing suit.

Can you sue a property manager for negligence?

You can sue the manager of a real estate property for negligence in the same way that you can sue any other business owner. With some exceptions, suing a property manager for negligence is straightforward, but it's not always a good idea.

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.

What happens if you are covered by anti-retaliation law?

If you are covered by a state anti-retaliation law (prohibiting landlords from evicting you for exercising a legal right such as suing for habitability problems), you will have some protection, but to assert your rights you'll have to bring another lawsuit.

Can you sue your landlord for a defect?

Keep in mind that suing isn't risk-free, especially if you are a month-to-month tenant or near the end of your lease and you want to stay. Your angry landlord may simply decide ...

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.)