what kind of lawyer sues the apartment

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.

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...

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 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.

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 happens if your landlord refuses to fix your property?

If you have repeatedly contacted your landlord about issues like this and they have refused to fix them, it may be time for a lawsuit. 2. Your landlord owes you money.

What happens if you are injured on a property?

3. You're injured while on property. Your landlord is responsible for ensuring the property is safe for all inhabitants. If you're injured on the property, you may have a case for suing to cover damages and medical expenses; however, the key is you must prove deliberate negligence. For instance, if there was a loose floorboard ...

What to do if landlord evicts you?

If you think your landlord is trying to unlawfully evict you, then you can sue to remain in the property. If you have already faced eviction and believe it was done so illegally, you can sue to cover any costs incurred in regard to temporary housing.

What is the federal housing law?

Americans are protected by the Federal Fair Housing Act, which gives you protection from being discriminated against for housing on the basis of race, color, religion, national origin, sex, disability, or familial status. (Your state may have additional protections.) If you think you have been a victim of housing discrimination, you can file a claim with the U.S. Department of Housing and Urban Development, which will investigate the claim on your behalf.

Can you sue a landlord for a security deposit?

If your landlord is withholding your security deposit or promised reimbursements for repairs you paid for out of pocket, you may be able to sue them to recoup those payments . In the case of security deposits, there are usually very specific laws that outline the maximum deposits allowed and when the money must be returned after the lease agreement is terminated. If you have fulfilled your obligations as a tenant, then your landlord must return your security deposit in a timely manner. If they don’t or refuse to, you should consider contacting an attorney to pursue legal action.

Can a landlord use your credit?

Your landlord is illegally using your credit. This is a slightly more obscure law, but important to know nonetheless. There are a variety of rules under the Federal Fair Credit Reporting Act that protect tenants against landlords abusing their credit. For instance, landlords cannot require a co-signer when unnecessary.

Can a landlord require a cosigner?

For instance, landlords cannot require a co-signer when unnecessary. They are not allowed to deny an application for undisclosed reasons that may harm your ability to rent in the future, and they cannot require a higher deposit from you than they do for other tenants.

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.

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.

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).

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.

What to do before suing your landlord?

Your landlord may take immediate remedial action to fix the problem if they are notified of the issue. Go through this checklist before suing your landlord: Notify your landlord or property manager about the issues and request action to be taken.

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 do landlords have to respond to a landlord's complaint?

What landlord-tenant laws the landlord broke. 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.

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.

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.

Can you add a landlord to a lawsuit?

You can add them to your lawsuit to make a case of negligence. This will help you find out if you are able to sue your landlord for the situation. It will also outline the legal timeframe and the grievance procedures.

What happens if you sue your tenant?

Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right. The Case Will Be on Record: You will have a record that you won a court case against your tenant. This can be beneficial if the tenant ever tries to sue you at some point in the future.

What happens if a tenant breaks their lease?

For example, if a tenant breaks their lease and moves out early, you can sue them for the rent that is due for the remainder of the lease and potentially the costs associated with finding a new tenant to fill the vacancy. Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right.

What happens after a tenant gets summoned?

The hope is that, after receiving the court summons, the tenant will want to avoid the hassle of going to court and potentially losing anyway. They would rather pay the amount the landlord is requesting or compromise on paying a lesser amount that the landlord agrees to accept. This would also keep the tenant’s name off the court records.

What happens if you don't pay rent?

If that does not work, you can file to evict the tenant. At the same time, you can also sue them for any rent they owe.

Can you sue a tenant for damages?

Receive Additional Damages: In court, you can sue the tenant for the actual money you are owed, but also for additional damages.

Can you take a tenant to court?

Risks of Taking a Tenant to Court. There are advantages to suing your tenant, but a landlord must also understand the risks involved. There is no guarantee of victory and you could trigger a counterclaim from your tenant. You Could Lose: Filing a lawsuit is not a guarantee that you will win the lawsuit.

Can a tenant countersue a lawsuit?

Tenant Could Countersue: By initiating a lawsuit, you could anger your tenant, leading them to countersue. You could wind up losing the lawsuit and then have to pay even more money to the tenant in damages and attorney’s fees.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What is negligence malpractice?

Damages in a negligence malpractice claim are quantified by what was recovered and what would have been recovered but for the attorney’s negligence. A typical example of negligence occurs when an attorney fails to file a case before the statute of limitations expires.

Do lawyers have to keep a copy of a malpractice case?

Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.

Can a lawyer file a grievance in Connecticut?

In some situations, you can file a grievance but the grievance does not get the client compensation for their financial losses.

Can a lawyer make mistakes?

Lawyers may make mistakes from time to time. A claim of malprac tice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.