what type of lawyer do i need to sue a landlord for known drug activity

Since landlord-tenant laws vary by area, your first move when considering suing your landlord should be to speak with a real estate attorney. This professional can help you understand your rights, and determine whether you should pursue legal action. Attorney fees can vary significantly depending on the nature of your claim, Tamkin says.

Full Answer

Can a landlord be sued for allowing illegal drug activity?

 · A qualified landlord-tenant attorney can analyze the facts of your particular situation and advise you on how to protect your interests in avoiding liability, both criminal and civil, for the activity of your tenants. Share Tweet Share Need a Drug Lawyer in your Area? By State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware

Do you need a lawyer to sue your landlord in court?

 · Yes, there is a lawsuit for this. It is called the law of Nuisance. There are both public and private nuisances. In this case, it is a public nuisance. Actually, in some cities, the city itself files the action in civil court against the landlord for public nuisance. Landlords can run down a neighborhood by knowingly or carelessly renting to ...

What to do if a tenant is using illegal drugs?

 · When to Sue a Landlord. When you should sue your landlord depends on the reason you are suing. 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 ...

What kind of drug problems do landlords have to deal with?

 · In order to sue for slander, you would have to prove that the comments made by your landlord resulted in some sort of harm to you. From the facts you've provided, it seems that the harm you suffered came more from the acts of …

Where can I file a complaint against my landlord 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.

What a landlord Cannot do in Texas?

The right to "quiet enjoyment" of your home. This means your landlord cannot evict you without proper cause (most commonly nonpayment of rent) or otherwise disturb your right to live in peace and quiet. Your landlord must also protect you from any wrongful actions taken by other tenants.

Can you sue your landlord in BC?

Usually claims can be settled between the landlord and tenant directly. When the two parties are unable to resolve the issue on their own, they can apply to the Residential Tenancy Branch (RTB) to have a claim for compensation heard. They must be prepared to prove: That the damage or loss they are claiming is real.

How do I sue my landlord in California?

How to file a small claims lawsuit against your landlordStep 1: Identify who your Landlord is and their address. ... Step 2: Complete "Plaintiff's Claim and Order to Go to Small Claims Court" (Form SC-100) ... Step 3: File "Plaintiff's Claim and Order to Go to Small Claims Court" ... Step 4: Serve your landlord.

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.

Where can I file a complaint against my landlord?

Tenants may be able to file their complaints with their city or county rent control board, local tenant association, rental housing association, district attorney's office and consumer protection agency. California residents can find the appropriate agencies based on the nature of their complaint by contacting the ...

How do I file a complaint against a landlord in BC?

1. Call us on the Compliance Tip Line at 1-800-407-7757 (select Option 4). 2. Email us at compliance@bchousing.org.

What are my rights as a renter in BC?

In British Columbia, there is rent control. Landlords are required to use the approved form “Notice of Rent Increase” and provide the tenant with a period of three month's notice when increasing their rent. Tenants cannot dispute the rent increase unless it exceeds the allowable amount.

How long does a dispute resolution take BC?

within 30 daysDecisions are given within 30 days of the hearing date. All decisions are final and binding. An arbitrator may make minor corrections or clarify a decision; however, no one can change the outcome of an original decision – not even an arbitrator.

How do you win a lawsuit against a landlord?

Contents show1 Landlord-tenant rights.2 Find free legal help.3 Talk to a Lawyer!4 Carefully review your lease.5 Keep documentation on your dispute.6 Habitability rules.7 Health code violations.8 Your landlord owes you money.More items...•

How do I take my landlord to court?

You'll need to follow 3 steps to take your landlord to court: fill in the court form. send your form and pay the court fee - you might be able to get the fee back if you win your case.

What rights do renters have in California?

Tenant Rights and Responsibilities According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.

1 attorney answer

Yes, there is a lawsuit for this. It is called the law of Nuisance. There are both public and private nuisances. In this case, it is a public nuisance. Actually, in some cities, the city itself files the action in civil court against the landlord for public nuisance.

Blaise E. Picchi

Yes, there is a lawsuit for this. It is called the law of Nuisance. There are both public and private nuisances. In this case, it is a public nuisance. Actually, in some cities, the city itself files the action in civil court against the landlord for public nuisance.

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.

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 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.

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.

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.

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.

What is the implied warranty of habitability?

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

Lonnie K McDowell

I am sorry for your serious medical difficulties. I expect that the landlord would give a different version of the facts, and the judge may find her testimony credible. I do not think starting a protracted, emotionally draining lawsuit a year and a half later is the remedy for your problems.#N#More

Jonathan Adam Jamieson

In order to sue for slander, you would have to prove that the comments made by your landlord resulted in some sort of harm to you. From the facts you've provided, it seems that the harm you suffered came more from the acts of the landlord (in evicting you) and from the moving man.

Daniel Robert Hamad

Talk to a personal injury attorney, I guess... or just call up general practice firms in the area.#N#This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information...

How to file a small claims lawsuit?

Small claims court rules are relatively simple and easy to master. A typical tenant's lawsuit against a landlord might proceed like this: 1 the tenant (plaintiff) files the lawsuit with the court clerk, paying a small filing fee 2 the tenant has the papers served on the landlord (this can often be done by mail) 3 the parties show up on the day appointed by the court for the trial 4 both the tenant and the landlord have the opportunity to present their sides of the story to the judge (small claims courts rarely have juries), along with any witnesses and other evidence, and 5 the judge decides the case and issues an order, either immediately after the parties have presented their cases or shortly after.

How much can you sue in small claims court?

The maximum amount in most small claims courts is somewhere between $4,000 and $10,000. You can check Nolo's 50-state chart of small claims court limits or call your local court clerk to find out how much you can sue for in your local small claims court.

What is a small claims court?

Small claims courts primarily handle disputes involving money, rather than disputes in which one side wants a judge to order the other to do or not do something. For example, arguments over security deposit refunds are prime candidates for small claims: There is a dispute as to whether the tenant damaged the property, left it a mess, or owes rent, and there is a sum of money at issue. The judge will hear both sides' arguments and issue an order (judgment). The judge's part in the dispute ends after the judgment is issued; If the money isn't allocated in the way the judge ordered, the victor can use the judgment to try to collect from the loser—often by attaching the loser's bank account or garnishing wages.

How to win a small claims court case?

How to file and win a small claims court case against your landlord 1 force a landlord to follow through with promises in rental ads 2 pressure a landlord to do minor repairs 3 enforce an ordinance requiring the payment of interest on security deposits, and 4 make a landlord return a security deposit.

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.)

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.

Can you sue a landlord in Florida?

Under Florida law, the tenant must receive notice in advance that the landlord wishes to go into their leased premises and the only exception here is if there is an emergency situation (e.g., fire). You can sue a landlord who fails to respect your privacy and “quiet enjoyment” of your home.

What happens if a landlord is negligent in Florida?

Landlords in Florida can be liable to victims of crime on or around the rented property if the landlord has been negligent in keeping the tenant safe from dangerous activities known to be occurring in the area. Apartment tenants may expect landlords to change door locks as well as install security gates and parking lot lighting in areas where there are known criminal activity, for instance. If the landlord balks or delays and a tenant is victimized on the property, then the landlord may be liable for “negligent security” damages.

What is the Florida law on landlords?

In Florida, there is a large amount of law on the books to protect tenants against the bad acts and wrongdoing of landlords. The law is particularly explicit regarding the duties placed upon residential landlords who are renting homes, condos, and apartments for a profit; commercial tenants leasing business spaces do not receive as much legal ...

What happens if a tenant bites a dog?

Dog Bites. When someone is bitten by a tenant’s dog, the dog’s owner is liable to compensate the injured party for their injuries. However liability doesn’t end there, Florida law also holds the landlord liable for the dog bite if the landlord can be shown to have had knowledge that the tenant’s dog was dangerous and might bite or hurt someone ...

What is the landlord's responsibility?

The landlord is responsible for the upkeep of the residential common areas and keeping these areas maintained and in good working order. Also, the landlord has a duty to keep its premises safe and to protect its residents and, in many instances, the tenant’s guests.

Who is responsible for the safety and welfare of the common areas of a residential complex?

If a tenant’s child is injured in one of these common areas, particularly the pool (which is known as an “attractive nuisance”) then the landlord can be held for the damages to the tenant and their child.

Do landlords have to deal with bed bugs in Florida?

There is a specific Florida health code provision requiring Florida landlords to deal with the problem of bedbugs in a rental unit. Roaches are also a part of the landlord’s duty to maintain the premises. If a tenant has a bed bug problem, then they may have a claim against the landlord.

Is a landlord responsible for a tenant's behavior?

Whilst landlords are not legally responsible if their tenants behave badly, they do have a duty of care to ensure bad tenants don’t cause problems in the wider community. Illegal drug use and misuse is a common feature of antisocial behaviour, and many ASB tenants use illegal drugs or have affiliations with criminals involved in the illegal drugs trade. As a landlord, you need to take responsibility for dealing with the problem.

What is the most common problem landlords have to deal with?

Illegal Drug-using tenants tends to be the most common illegal drug-related problem landlords have to deal with. As a responsible landlord, you are duty bound to act once you find out the tenant is using illegal drugs.

What is illegal drug paraphernalia?

Illegal drug paraphernalia in evidence when you carry out a property inspection. The smell of cannabis or complaints from neighbours about the smell of cannabis. Neighbours report a lot of visitors to the property, especially late at night. Housemates report illegal drug use in an HMO.

What is antisocial behaviour?

Antisocial behaviour issues – illegal drug using tenants are often paranoid, irritable, aggressive, and generally unpleasant to be around. Tenant stops paying the rent – if all their money is being spent on illegal drugs, paying the rent might not be the first thing on their to-do list.

How long does an eviction notice last?

If you fail to take action or the problems continue despite your best efforts, the police and council have the power to issue a closure notice lasting 48-hours.

How long does a PCO last?

They may also apply to the courts for a premises closure order (PCO), which can last up to three months. While a PCO is in force, landlords can’t let the property, even if the problem tenant moves out.

What do lawyers do outside of court?

Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations to protect their client's best interest.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.