what type of lawyer do i need to sue my apartment complex

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

What is the process to sue an apartment complex?

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.

Is it legal for an apartment complex to charge?

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.

How can I sue my apartment complex?

Consulting a lawyer might be your best move. In addition, a lawyer can attempt to communicate with the landlord for you, explore the possibility of a quick settlement, and sue your landlord, if needed. Your Landlord Isn't Fulfilling Promises. Sometimes, landlords make promises to encourage hesitant applicants to rent from them.

Can I take my apartment complex to court?

Dec 27, 2018 · Grounds to Sue. Make sure that you have grounds for a lawsuit. 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.

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...

Mark Theodore Tischhauser

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.

Joshua D. Molandes

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.#N#Regards,

Jonathan Klurfeld

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.

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.

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 are the violations of a lease?

Make sure that you have grounds for a lawsuit. Some of the most common landlord violations include: 1 Failing to provide a safe and habitable apartment or complex 2 Breaking terms of the apartment lease 3 Entering the apartment without the required notice 4 Failing to return a security deposit 5 Unlawful eviction 6 Discrimination

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.

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 much is a bed bug case worth?

All damages incurred due to a bed bug infestation are compensable under the law. Some bed bug cases are worth over $200,000, especially if there were various medical expenses and physical injuries. A full replacement of an apartment’s furnishing can also increase the worth of a case.

What is the warranty of habitability?

Otherwise known the Warranty of Habitability the basic premise is that a rental unit must be fit to live in, landlords are ultimately legally responsible for insuring that their buildings are suitable for a human to live in. This includes a unit that is free from rampant infestation of bed bugs.

What are bed bugs?

Bed Bug Details. Bed bugs are small insects that feast on human blood. They are nocturnal and can only move by crawling. They tend to make their nests near where their victims sleep, primarily choosing to inhabit damp, dark spots that do not get examined or exposed too often.

How do you know if you have been bit by a bed bug?

Bed bugs can be detected by their musky odor, exoskeletons that have been shed, cream colored eggs, bloodstains on sheets, droppings, and more. You may not know that you were bitten by bed bugs.

Do landlords have to disclose bed bugs?

Yes, landlords must disclose bed bugs if there are new tenants or if there has been a history of infestations. If there have been numerous bed bug lawsuits against apartment buildings, the landlord may wish to let you know. If there are any hazards like bed bugs present, you have a right to be aware of them.

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 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 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 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 happens if your landlord breaches the warranty of habitability?

If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages. Money damages may include recovery of any rent you paid while the poor conditions were in effect or money you paid to fix the damage yourself. In some states, such as California and Arizona, ...

What are the responsibilities of a landlord in California?

California Landlord Responsibilities for Tenant Safety. Under every state's laws, a landlord has certain duties to residential tenants, including the duty to provide a habitable living space and the duty to permit the tenant to use the property without interference. When your landlord breaches these duties, you may be able to sue ...

Does a landlord have to fix a leaking roof?

The same is true for the building itself; the landlord must also fix leaking roofs and windows. In some states, pest control also falls under the umbrella of the landlord's responsibilities. If your apartment building becomes overrun with rats or cockroaches, your landlord may be responsible for getting rid of them.

What is implied warranty of habitability?

The ​ implied warranty of habitability ​ is a requirement that a landlord provide residential tenants with safe and habitable living conditions. The warranty is implied because the landlord is bound by it even if the lease agreement is silent on the subject.

Can a landlord be sued for emotional distress?

Landlords may be sued for emotional distress in certain situations. In Arizona, for example, courts have awarded emotional distress damages to tenants for their annoyance and discomfort caused by inhabitable living conditions such as inadequate heat and water and dangerous pests. In Massachusetts, a landlord's breach of quiet enjoyment caused by ...

What is a breach of quiet enjoyment?

"Quiet enjoyment" is a somewhat vague term that encompasses a lot of different things, including a tenant's right to live in privacy in his rented space without interference from the landlord.

What is emotional distress?

Emotional distress damages ​ are a type of damage award that assigns a dollar figure to the victim's emotional distress. Infliction of emotional distress is a tort, which is an action (or inaction) someone takes that injures someone else. Personal injury lawsuits usually involve the tort of negligence, for instance, ...