what type of lawyer do you need to have to sue your apartment complex

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?

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.

Can I take my apartment complex to court?

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.

Is it legal for an apartment complex to require?

Apr 06, 2022 ·

What happens if a landlord fails to settle a case?

If this fails, the matter proceeds to a stage called discovery, in which you and the landlord exchange the information and the evidence you both intend to present at trial.

Who accepts paperwork for apartment complex?

Although state rules vary, typically, if the apartment complex has a management company that oversees the operation of the rental units, those employed to run the business are qualified to accept the paperwork.

What are some examples of landlord violations?

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. Discrimination.

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 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.

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.

Mark Theodore Tischhauser

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. Regards,

Christian K. Lassen II

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.

Is it wise to make assumptions about your case?

It is never wise to make assumptions about your case, or your chances of success, without at least consulting a lawyer. Contract law contains plenty of confusing “grey areas” and loopholes. The exact interpretation or presentation of the facts associated with your case could significantly change the outcome.

Is stealing an item from a client's home a chargeable offense?

These commonalities are mostly a result of the fact that there are only so many ways to violate a contract. Other transgressions, such as stealing an item from a client’s home, might be a chargeable offense as well as grounds for a civil suit. Still, others may constitute a crime, but not necessarily justify a lawsuit.

How to prevail in an apartment complex lawsuit?

In order to prevail in a lawsuit, you would need to prove (1) that the apartment complex had a duty (including assumption of a duty to provide security), (2) that the apartment complex breached that duty (i.e., negligently performing the assumed duty), and (3) that the failure of the apartment complex to perform the duty was the proximate cause of your loss. As a general rule, your apartment complex is not liable for the criminal act of another; so it is not enough that the crime occurred. Instead, you have to show that the apartment complex failed to properly perform a duty and thereby proximately cause the loss. I suggest that you start with a careful reading of your lease for terms concerning security at the apartment complex.

Is an apartment complex liable for a crime?

As a general rule, your apartment complex is not liable for the criminal act of another; so it is not enough that the crime occurred. Instead, you have to show that the apartment complex failed to properly perform a duty and thereby proximately cause the loss.

Can Bernard Huff sue?

Bernard Huff (Unclaimed Profile) You may sue. , However, in order for the apartment complex owner to be held liable, you have to provenegligence, and that his negligence was the proximate cause of your truck being stolen. * This will flag comments for moderators to take action.

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.

Where do landlord vs tenant lawsuits occur?

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.

What happens if a landlord refuses to fix a tenant's plumbing?

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 .

Can you file a lawsuit if your landlord refuses to make repairs?

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.

Can a landlord sue you outside of court?

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 ...

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.

Can landlords and tenants be in conflict?

Landlords and tenants do not typically enter into their relationship looking for conflict. Sometimes, however, problems develop that cannot be easily fixed by a phone call or email. In these situations, a tenant may consider suing their landlord to resolve the issues in court.

Can a landlord enter a tenant's property illegally?

Entering a Tenant’s Property Illegally: Landlords usually have to provide reasonable notice to enter a tenant’s rental property and they can only do so for legally allowed reasons. 10  If a landlord violates these laws, the tenant can go to court to stop the landlord from entering and could be awarded damages.