what type of lawyer sues landlords

Full Answer

What are some reasons to sue your landlord?

Here are some of the most common reasons to sue your landlord:

• Your landlord is illegally withholding your security deposit. ...
• The apartment becomes uninhabitable. ...
• You’re injured while on the premises. ...
• Your landlord is violating your right to privacy. ...
• Your landlord doesn’t reimburse you for a repair. ...
• You’re unlawfully evicted. ...
• You’re a victim of housing discrimination. ...

When can your landlord Sue you for property damage?

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.

How do you sue your landlord?

In most cases, tenants can sue landlords in small claims court with the goal to:

• Have the landlord return the security deposit
• Compel the landlord to keep his/her promises in rental ads
• Force the landlord to reimburse rental fees or do repairs on the unit
• Have the landlord comply with laws that require compensation of interests on security deposits

How much does a landlord-tenant lawyer cost?

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.

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.

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.

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.

How to stop landlord harassing you?

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. Beware, if you sue your landlord, they won’t forget it.

Do landlords have to disclose mold?

By law, landlords must disclose the presence of lead-based paint or toxic mold if they know about it. In most cases, it renders the unit uninhabitable by health and safety laws, and the landlord must remediate it before they can sign a rental agreement with a new renter.

Can a landlord deduct security deposit?

The landlord can deduct for damage, but not for normal wear and tear. But security deposit violations don’t end there. If the landlord collected too large a deposit or failed to provide a written breakdown of deductions within the legally required timeframe, these too violate landlord-tenant laws.

Do landlords put you up in a hotel?

The landlord should put you up in another unit, or in a hotel or other accommodation. As straightforward as that example is, some cases often get less clear. If a toilet breaks, but you have two bathrooms, the property is still habitable and the landlord does not need to put you up in a hotel.

Why do landlords sue?

Generally, here are some of the reasons for suing your landlord that will hold up in court: Deducting an amount or withholding your security deposit. Non-compliance to the state’s regulations on security deposits. Discrimination that violates the provisions of The Fair Housing Act.

How to sue a landlord in small claims court?

Here are the typical steps on how to sue your landlord in small claims court: The tenant files the lawsuit with the court clerk, fill up the forms, and pay a minimal filing fee. The papers are served (delivered) to the landlord via registered mail.

How to sue a landlord for a security deposit?

In most cases, tenants can sue landlords in small claims court with the goal to: 1 Have the landlord return the security deposit 2 Compel the landlord to keep his/her promises in rental ads 3 Force the landlord to reimburse rental fees or do repairs on the unit 4 Have the landlord comply with laws that require compensation of interests on security deposits

What are the laws that apply to rental housing?

Here are the two major federal laws that apply to rental housing: Law. Description. The Fair Housing Act. Prohibits landlords from discriminating against a tenant because of his/her race, age, gender, religion, or disability; also includes the prohibition of exclusive marketing to specific groups of people only.

What is a small claims court?

Small claims courts have simpler processes than regular trial courts. This means you don’t have to hire a lawyer and don’t have to worry about expensive lawyer fees. Small claims court is suitable for disputes that can be resolved by financial compensation i.e. damages. Here are the typical steps on how to sue your landlord in small claims court: ...

What is discrimination in housing?

Discrimination that violates the provisions of The Fair Housing Act. Including illegal clauses in the lease agreement, e.g. refusing access to service animals. Not reimbursing you for health and safety repairs that you paid for due to the landlord refusing to pay for them.

What is a tenant's refusal to make repairs?

Refusing to make repairs that render the unit uninhabitable, e.g. mold issues, lead paint hazard, etc. Not disclosing known, existing, or previous mold issues or lead paint hazards. Entering a tenant’s unit without prior notice and for no legal reasons. Injury at the property due to landlord’s neglect.

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 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 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 attorney fees vary?

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.”.

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 can a landlord/tenant lawyer do?

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, ...

Why hire a landlord attorney?

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, ...

What is a tenant lawyer?

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.

What to do if landlord violates Fair Housing Act?

First, you must file a complaint with the Department of Housing and Urban Development (HUD) who will then investigate your complaint to see if your landlord has committed housing discrimination.

What happens if a landlord refuses to pay you back?

If your landlord fails to make these repairs within a reasonable amount of time or simply refused to do so, and you had to pay out of your own pocket, you can sue them if they also refuse to pay you back. You may also be eligible to receive compensation for additional damages.

What are some examples of housing discrimination?

Examples of housing discrimination include a landlord refusing to rent to a mentally challenged person, preventing disabled tenants from using a service dog, or advertising a rental space for a specific racial demographic only. 2. Illegal withholding of your security deposit.

Can a landlord deduct security deposit?

Each state has its own laws that dictate when a landlord is legally entitled to make deductions to your security deposit. If you have caused damage or have failed to meet your obligations as a tenant, they may have the right to keep part or all of your deposit. However, if your landlord is making deductions for reasons that are illegal (in terms of the local tenant law) or have not been discussed in advance, you may have a case against them.

Can a landlord barge into an apartment?

Landlords are only allowed to enter a tenant’s apartment for legal reasons, such as to make necessary repairs or to show the unit to prospective tenants. They must do so, however, with proper notice to the tenant. So, if your landlord barges in for no reason, you may sue them for violating your right to privacy.

Can you sue someone for breaking a lease?

Suing someone can be a painstaking process, but when worse comes to worst, you might be left with no choice but to push through with a lawsuit. When your landlord is breaking the law or violating the terms of your lease, you have the right to file a case against them, especially if you have already voiced your concerns and they have refused ...

Do landlords have to disclose mold?

All landlords are required to disclose any known, existing, or previous lead paint and/or mold hazards in the property. If you find that they have hidden this information from you, you likely have a case against them in a court of law.

What to do before suing your landlord?

Your landlord may take immediate remedial action to fix the problem if they are notified of the issue. Go through this checklist before suing your landlord: Notify your landlord or property manager about the issues and request action to be taken.

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 do landlords have to respond to a landlord's complaint?

What landlord-tenant laws the landlord broke. 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.

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.

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.

Can you add a landlord to a lawsuit?

You can add them to your lawsuit to make a case of negligence. This will help you find out if you are able to sue your landlord for the situation. It will also outline the legal timeframe and the grievance procedures.