Here are some of the most common reasons to sue your landlord:
If the security deposit is not enough to cover the expense, you can sue in small claims court to recover the rest. Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property. Again, you can start by deducting the amount of damage from the security deposit.
In most cases, tenants can sue landlords in small claims court with the goal to:
An attorney's fee will depend on the complexity of your case, where you live, and the attorney's billing practices. Some landlord-tenant lawyers charge by the hour, typically $200 to $500. Other lawyers charge a flat fee for a specific service. For example, the attorney might charge a flat $500 to start an eviction proceeding.
Emotional injuries are very real. Fortunately, the law in California recognizes that fact and allows victims to recover for their mental anguish or emotional suffering. So when people ask us, “Can you sue for emotional distress in California?” the answer is yes.
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.
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...
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).
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...
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...
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...
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...
Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...
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...
Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...
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...
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.
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, ...
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, ...
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 .
This means that the landlord is responsible for making repairs and keeping the property in livable condition.
If you lose this countersuit, you could be responsible for court costs, their attorney’s fees (as well as your own), as well as damages the landlord suffered plus the original amount the landlord was seeking.
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.
You don’t want to be known as the tenant who sues over everything. There will be legitimate circumstances where a lawsuit is the only option, such as a serious injury caused by a landlord’s complete neglect. In other, less serious, situations, a lawsuit may be a waste of your time. If your landlord is withholding $25 from your security deposit ...
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.
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 ...
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.
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 ;
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.
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.
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.
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.
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.
If your landlord has filed a lawsuit against you, a court will likely serve you a summons and a copy of your landlord’s lawsuit against you. You must file an official response to these allegations, including if you dispute them, accept them, or lack knowledge of them.#N#If you proceed with a lawsuit from or against your landlord, you must show up to all relevant court dates or hearings. A judge might throw out your case or rule against you if you’re not present in court to present your argument and evidence.
This could include a failure to pay back your security deposit or reimbursements for repairs that you paid for .
Landlord-tenant disputes are often stressful processes that can take time and money. Make sure to seek advice from an attorney or other housing professionals before you start a legal claim.
You could be suing a landlord for such issues as repair costs or an uninhabitable residence, or they might be making a legal claim against you for rent payments.#N#Whatever the case is, it’s important that you be familiar with your rental’s lease — especially before signing it. When you enter into a lease, that serves a contract that will detail the terms of your tenancy while you’re living at a rental. It includes such agreements as your rent amount, late rent fees, how to pay rent, the length of time you’ll be at the residence, what rules apply to your rental, repair agreements, and more.
When the landlord fails to uphold aspects of habitability laws, it may be a health code violation and provide cause to seek legal action against your landlord. Even if you signed a lease that conflicts with basic habitability rules, most judges will not enforce contracts that limit your rights to a safe, clean rental.
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.
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.
He recommends writing your landlord what’s called a “demand letter”—a request in writing that states what you want your landlord to do.
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.
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.
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.”.
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.”.
Here are your most important responsibilities: 1 Keep the premises clean and habitable. 2 Don’t damage the property, inside or out. 3 If you do cause damage, notify the landlord immediately. 4 Pay your rent on time, every time. 5 Do not retaliate against your landlord for asserting their rights.
So what can you sue for? Personal injuries as a result of landlord negligence . If a landlord fails to maintain a rental property and you are injured, you can sue your landlord for negligence and recover funds to pay for medical costs, and potentially, pain and suffering. Health problems due to poor maintenance.
The law requires landlords to follow a specific procedure relating to a variety of issues, including everything from entering properties to evicting tenants. Understanding the procedure required by law may help you win your case. Here’s how to win a lawsuit against a landlord.
If your landlord fails to address problems that negatively impact the habitability of the property, you may want to consider breaking your lease early, reporting the landlord to the health department, and filing a lawsuit. Such issues may include mold problems, broken air conditioning & heating, and broken water heaters.
If the landlord enters your apartment without permission or refuses to provide essential services included in your lease, you may have the right to sue. Other scenarios may be appropriate for the civil court, too, depending on case specifics. Speak with a lawyer to gain a clearer picture.
What Can You Sue For? Contrary to popular belief, you cannot sue a landlord for every little grievance. Landlords are required to uphold a certain duty of care, meaning they have to keep the property in good condition and habitable for human use.
Your landlord must return your damage deposit or account for spending it. Your landlord may not retaliate against you with wrongful eviction. Above all else, know that being a good tenant is the best way to avoid lawsuits in the first place – but don’t be afraid to assert your rights if it becomes necessary.
Tenants (current and prospective) have several ways to fight unlawful discrimination—including negotiating a settlement with a landlord ( perhaps with a mediator's help) and filing a complaint with a government fair housing agency that may result in a conciliation agreement between landlord and tenant. For an overview of your options, see the Nolo ...
Federal, state, and local housing laws all prohibit various kinds of discrimination against tenants. The most common kinds of discrimination—race and disability—are prohibited by the federal Fair Housing Acts (see Housing Discrimination Prohibited by Federal Laws for details on "protected categories" under federal law).
Or if your facts are compelling and your lawyer good, you may be able to settle for a sizable amount of money without going to trial. But not every case proceeds so easily. Landlords (and their insurance companies) may dig in their heels, resulting in months, or even years, before a case is settled.
For example, you could write to your landlord to request that they return your security deposit and that they did not follow the procedures outlined under California law. For security deposits, landlords should be well aware of their requirements outlined in California Code of Civil Procedure Section 1950.5.
Once you file your California small claims court lawsuit, the next step is to notify your landlord that they have been sued. This is called "service of process" (also known as "service"). You must serve your landlord at least 15-20 days before the small claims court hearing (sometimes you are required to serve at least 30 days before the hearing). There are several ways you can serve your landlord including by having a friend serve, hiring a process server, or hiring the sheriff. You cannot serve your own lawsuit.
Once you file your small claims lawsuit, you will get a hearing date scheduled anywhere between 30-70 days later. During this time, your landlord may call you to try and settle the case. If you come to an agreement, you can close your small claims lawsuit.
The first thing to do when a problem arises is to communicate with your landlord. If you are still living in the unit, you have an ongoing relationship with your landlord and maintaining that relationship is important.
You can sue your landlord in small claims if you think the amount they kept from your security deposit is incorrect or if they used your deposit to repair damage to the unit considered "normal wear and tear." Remember, your landlord cannot take money from your security deposit for damages that are considered "normal wear and tear."
We often receive the question, can I sue my landlord in California small claims? The answer is yes as long as the dispute is for $10,000 or less (more on this below). Disputes with landlords are very common in small claims court.
Buyout: A buyout is when a landlord tries to get the tenant to accept a sum of money to move out of the unit by a certain date. The landlord may want to convert the unit to a condo, avoid dealing with the eviction process or force a rent stabilized tenant out of the property.
In most states, this is 30 days before the rent increase will take effect. 3. Sending Tenant Notice to Quit for Violating Lease Terms: If a tenant is violating the terms of their lease, the landlord has the legal right to send the tenant a notice to quit the behavior.
Harassment is the use of aggressive methods by the landlord in an attempt to pressure or intimidate a tenant. A landlord may perform these actions to disrupt the tenant's quiet, peaceful enjoyment of the rental unit, force the tenant to move from the unit or force the tenant to refrain from pursuing a legal right they have. 1 .
Improper Notice: Landlord-tenant law requires landlords to give a certain amount of notice for events such as entry, nonpayment of rent or evictions. 4 5 If the landlord does not give the proper notice, it could be considered harassment.
Raising Rent : Most states will require a landlord to give a tenant at least 30 days’ notice before the landlord is allowed to increase the tenant’s rent. 3 Demanding more money without the proper notice could be a form of harassment.
A landlord could be fined between $3,000 and 11,000 for each harassment offense they are convicted of. In addition, they are unable to increase the rent on a tenant who they have been convicted of harassing until the Division of Housing and Community Renewal lifts this ban. 1  If a landlord in New York is convicted of a felony for physically injuring a tenant, he or she could face jail time, as well as a fine. 11 
A landlord is usually only allowed to make a buyout attempt once within a certain number of days as repeated attempts could be considered harassment. 6.