what sort of lawyer do i need to sue my landlord

How to sue your landlord in court?

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... 0 found this answer helpful | 4 lawyers agree Helpful Unhelpful 0 comments

Do I need a lawyer for a rental property lawsuit?

Oct 11, 2014 · Most any lawyer experienced in civil litigation can help. There are some plaintiff's attorney's that specialize in an area of law called, "Toxic Torts." They will be harder to find, but if you do a google search, you should be able to find some. When looking, do not limit your search to La Verne, but to all of LA County.

What to do if your landlord discriminates against you?

May 04, 2017 ·

How can a landlord/tenant attorney help me?

Athina Karamanlis Powers

In the case of toxic mold you need to know that the SB 732 Toxic Mold Protection Act of 2001applies.#N#Case law in 2013 (Bowden v. Young), 2011 (Martinez), 2006 (Stovensky), 2009 (Johnson) are some of the cases that set perimeters in the issues of Toxic Mold Litigation..You really need to discuss the issue and your evidence with an attorney...

Sagar P. Parikh

If you were renting this condo, you would have claims for the breach of warranty of habitability, breach of the covenant of quiet enjoyment, negligence, and related actions. You may have claims against both your landlord and the HOA.#N#A full consultation would be necessary to properly advise you.

Christian K. Lassen II

Only a tiny handful of lawyers would want to get involved with this, so try a toxic torts type lawyer in your state. Avvo has the best lawyer finder tool to locate an attorney nearby.

Adam Jay Jaffe

Most any lawyer experienced in civil litigation can help. There are some plaintiff's attorney's that specialize in an area of law called, "Toxic Torts." They will be harder to find, but if you do a google search, you should be able to find some. When looking, do not limit your search to La Verne, but to all of LA County...

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.”.

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.

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 is the implied warranty of habitability?

This means that the landlord is responsible for making repairs and keeping the property in livable condition.

Can you sue a landlord for a slip and fall?

For example, you slip and fall because there is not a lawfully required banister in the stairwell. You cannot sue the landlord if your injury is due to your own neglect. For example, your apartment is so dirty that you slip and fall in your apartment on a pile of your own dirty clothing.

Can you sue a landlord for a security deposit?

If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.

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.

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 to do if landlord evicts you?

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 hands—for example, by locking you out, canceling your utilities, or even removing your doors, windows, or possessions—consider hiring a lawyer.

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 you don't have renters insurance?

If you have renter's insurance, your insurance company will cover the loss and its lawyers will then seek reimbursement from your landlord. If you don't have insurance or have inadequate coverage and the damage to your property is substantial, consider hiring a lawyer to help you obtain reimbursement from your landlord.

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 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 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.