If your property is damaged by your landlord, you may be able to recover money from him.It's usually necessary to prove that the damage was caused because your landlord failed to live up to their duty.You won't need an attorney if you file a lawsuit against your landlord for property damage in small claims court.
Step 1: Information should be gathered.
Solid estimates of your property's value at the time it was damaged are what you will need.Whether your landlord is responsible for the damage depends on the way the property was damaged.You must be able to show that the damage was caused by your landlord's carelessness, and that he or she failed to prevent it.In some cases, it can be fairly straightforward to get the amount of money you're entitled to for repairs to the property.Your landlord would only be liable for $75 if the glass on your phone was cracked due to their carelessness.If your property is damaged beyond repair, you won't be able to replace it with a new item because you're not entitled to the money.If your roof caves in because of your landlord's carelessness, you don't have to buy a new laptop unless you just took your old one out of the box.Most things that occur inside of your rental unit are not liable for damage to your personal property.If someone breaks into your apartment, you don't have to worry about it being your landlord's responsibility.It is a good idea to buy renter's insurance to cover your personal belongings.
Step 2: Send a letter to your landlord.
If you want to file a lawsuit in small claims courts, you will need to provide proof that your landlord refused to pay for the damage.Your tone should be professional.Don't make accusations against your landlord and stick to the facts.Explain why you think your landlord is responsible for the damage.Provide an estimate of how much your landlord owes you.Don't give your landlord the bottom-line minimum amount you'd be willing to accept if this amount is negotiable.A week to ten days is an appropriate amount of time for your landlord to respond if you set a deadline by which you expect to hear back.If the two of you can't resolve the situation, you will file a claim in small claims court.If your landlord submits a claim to his or her insurance company and the company agrees to pay, that should be the end of it.
Step 3: Search for forms.
You can use fill-in-the-blank forms to file a small claims claim.In the small claims court in the county where you live, you'll usually be suing.If the court has a website, you can find the appropriate forms by searching on the internet.Courts in more urban areas will usually make the forms available for you to download online.If you live in a rural area, you may need to go to the courthouse to pick up the forms.You have to fill out the forms in the clerk's office and sign them in front of her.You can find out by calling or going to the clerk's office.
Step 4: You have to fill out the forms.
Information about you and your landlord, as well as details about how your property was damaged, should be on the court forms.Make sure your landlord's name and address is correct on your forms.If you don't deliver the complaint correctly, it could result in the dismissal of your lawsuit.Use as many factual details as possible, including dates, times, location, and context, to describe what happened that caused the damage to your property.You should give your landlord a specific amount of money for the damage.When you've finished your paperwork, make copies.You will need at least one copy of your landlord's and your own records.
Step 5: You can contact the court clerk.
You should call the clerk before you go to the courthouse to make sure you have everything you need.You might want to know how much your filing fee is and what forms of payment are accepted.Even though some larger courts may have this information on their websites, it's still not a substitute for calling yourself to verify the information you've found.If the website hasn't been updated recently, it may be inaccurate.You can file your complaint by mailing it to the clerk's office along with the required fee.If the clerk offers this option, you can decide if it's more convenient for you than going to the courthouse.
Step 6: The clerk's office has your paperwork.
You need to file your paperwork in person at the clerk's office.The date on your documents will be written by the clerk.The person will give the copies back to you.The clerk will schedule your hearing if he or she asks you questions about your claim.If you want to make sure you don't miss your hearing or show up on the wrong day, you can commit it to memory by writing it on your calendar or somewhere else.
Step 7: You should pay your filing fees.
You have to pay a filing fee when you file a small claims case.Fees for civil cases in other courts are higher than for small claims cases.If you can't pay the fees, most courts will allow you to apply for a waiver.You have to provide details about your income and assets on your application.If your income and assets fall below the threshold, the court will waive the filing fees for you.If you receive public benefits, you'll be eligible for a waiver.
Step 8: Have the landlord serve you.
The judge won't hear your case unless your landlord gives you adequate time to respond to the lawsuit.The lawsuit paperwork can be delivered to your landlord by anyone over the age of 18 who isn't involved in the case.Paying a professional may be worth the peace of mind that the service has been completed properly.The clerk will have information on how to get the papers served by a sheriff's deputy or private process serving company, either of which will charge a small fee.They will fill out a proof of service document and submit it to the court.It is your responsibility to make sure proof of service is filed with the court.
Step 9: Wait for a reply from your landlord.
If the landlord doesn't respond by the deadline, he or she will lose the case.The procedure is different among courts.There is an initial appearance which both parties must make in a small claims court.The date of the hearing is the date on the summons.If the court requires the party being sued to file a written answer, you will see that information on the papers you have to serve.Your landlord may have a counterclaim against you.If your landlord has filed a counterclaim, read the papers carefully to make sure you don't need to file a written answer.
Step 10: Conduct discovery.
You may be able to exchange information with your landlord through a simplified written discovery process in small claims court.In a civil court, the process of discovery can take a long time.Many small claims courts don't allow any discovery at all, and all the information you have to use at trial is contained in the complaint and answer.If discovery is allowed, it usually consists of each party sending the other one document, in which questions are asked or documents requested.If you're suing your landlord for property damage, there probably aren't any questions you need to ask before the hearing.
Step 11: You should organize your evidence.
Before your hearing, take a moment to outline your argument and order any documents or photographs you want to present as evidence so you'll be prepared when you go before the judge.In front of the mirror or with friends and family as an audience, write out what you will say when you present your case to the judge.If it's not too large to carry into the courtroom, you may want to take pictures of your damaged property.If anyone witnessed the damage or the incident that led to it, you can bring them to court with you to testify for you.They will describe what happened when you ask them questions in court.If you have people you want to bring with you as witnesses, you should ask them questions before the hearing so you both have an idea of how the process will go.One day before your hearing, you should visit the court to observe the judge and court procedures so you know what to expect.
Step 12: You have to appear on your court date.
You want to arrive at the courthouse at least half an hour before the time your hearing is scheduled so you have time to go through security and find the right courtroom.You don't have to wear a suit, but make sure you dress nicely.Don't wear a shirt with a large logo or image.You can use the dress code document from the court to help you decide what to wear.Take a seat in the gallery of the courtroom and wait for your name to be called when the judge hears several cases.Stand and move to the front of the courtroom when the judge or court officer calls your case.
Step 13: Your case should be presented to the judge.
You have the first chance to tell the judge your side of the story if you're the person who's sued.Tell the judge what happened and why you think your landlord should pay for the damage.Don't talk to your landlord, speak in a loud, clear voice, and address the judge directly.If the judge asks a question, stop speaking and answer the question immediately.You can continue with your presentation after that.If you have witnesses, introduce them by saying you'd like to call them to the stand and use their legal first and last name.After your witness is sworn in, you can begin asking questions.Your witness may be asked questions by the judge.Your landlord will be able to ask questions once you've finished your questions.You can win your case by default if your landlord doesn't show up for the hearing.You have to prove that you are entitled to the money.
Step 14: Listen to your landlord's defense.
Your landlord will have the chance to explain why he or she shouldn't be held responsible for the damage to your property after you've presented your case.Don't shout out or do anything else to interrupt the presentation of your landlord.You should be aware of your body language and facial expressions.If you have a problem with your landlord, you can tell the judge about it later.If your landlord wants to call witnesses, they will follow the same rules as your witnesses.You will have the chance to ask questions after the landlord has finished his or her questions.Pay attention to your landlord's questions and take notes if you want to ask the witness about something.
Step 15: Receive the judge's ruling.
The judge will decide if your landlord is liable for property damage and how much he or she must pay you after both sides have given evidence.The judge may have questions for either or both of you after you've finished presenting your cases.The judge may ask you if you want to make a final statement.The judge will make his or her ruling from the bench.You may have to wait a week or two for the order to become final, but you will get a written order.Before you can enforce the judgment, you must receive the written order from the judge.The judgment won't be enforced by the court.If your landlord doesn't pay you, you should ask the clerk what you need to do to enforce it.If the judge rules against you, he or she will give you a summary of what to do if you want to appeal.