Reasons You Can Sue Your Landlord
Without a doubt, problems can occur between landlord and renter at any time.
Resultantly, tenants may deem it fit to sue the homeowner.
Nevertheless, there are a few tips for tenants who are considering suing their landlords.
Advantages of using our property owner
- It could make the landlord consider settling outside of court
Suing your property owner may motivate him or her to agree to settle you rather than deal with a judge.
- It could make you get the money the homeowner owes you
There are many cases where the landlord unlawfully owes the renter, such as in the case withholding security deposit. If you win the case in court, the landlord will have to pay you what you are owed.
- It could provide you with damages
Another advantage for tenants receiving damages after winning a case in the court. This can happen if you suffer because of the uninhabitable conditions of your unit.
- It could clear your name
If you have been wrongfully accused of any wrongdoing, you can sue your landlord to clear your name.
- It could make you continue residing in your apartment
If you are wrongfully evicted from your apartment but win the case against your landlord, you can continue residing in the apartment.
Risks associated with filing a lawsuit against your property owner
- You might not win
Suing your landlord does not necessarily mean you will win the case.
So, you should understand that you may spend money, time and efforts on suing your landlord and still lose the case.
- It is expensive
Getting a lawyer, filing, and other things involved in court cases can be very costly.
Therefore, determine whether the benefits of suing your property owner outweigh the additional costs.
- You may be countersued by the homeowner
No one has the monopoly of suing the others;
therefore, suing your landlord may make them sue you too.
If the landlord wins the case, then you will have to pay for damages, attorney’s fees, court fees, and other charges.
Is filling lawsuit the best choice?
No, it is not.
If you are notorious among your neighbors for suing your landlords, you may have a hard time when looking for an apartment in the same or nearby neighborhoods.
Nevertheless, if a property owner neglect the tenant and this leads to a serious injury, it is worthwhile to file a lawsuit.
When filing a lawsuit, here are some things to note:
- Forward a demand letter
Foremost, send a demand letter to the homeowner before suing them.
Through this letter, let your landlord realize your request.
The letter should indicate that you will seek legal action if the landlord does not address the issue properly.
- Understand the state regulations
Different states have varying regulations concerning how and when to sue a landlord. Nonetheless, violation of the warranty of habitability is a good reason for suing your property owner.
Where can a tenant sue their property owner?
Small claim courts can deal with most of the lawsuits relating to disputes between homeowners and renters.
Nevertheless, higher courts can settle eviction cases.
The procedures for the lawsuit procedure and timeframe for the landlord to repay the lawsuit differ from one state to another.
Also, there are differences in the maximum amount that a landlord can be sued for.
Although some states can be as high as $10,000, others limit it to $3,500.
When can you sue landlord?
Basically, the reason for filling the lawsuit should determine when you will sue your landlord.
Whatever the case is, a statute of limitations determines how long after an event you can sue your property owner.
For some states, you must sue within a year while others allow the filing of a lawsuit about 10 years after the occurrence.
10 Reasons for a lawsuit for your property owner
- Withholding your security deposit illegitimately
- Violating security deposit laws of your state
- Housing discrimination
- Including illegitimate clauses in the lease
- Offering an unlivable unit
- Failing to reimburse you after a repair
- Hiding mold problems or lead paint risks
- Getting injured at the unit due to the negligence of the property owner
- Accessing the home of the tenant without permission
- Trying to evict you without a valid or legal reason
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