How To Sue Your Landlord to Resolve Landlord Tenant Disputes
There is a dispute with your landlord.They may refuse to make repairs or violate your privacy.If you want to file a lawsuit, you should gather as much helpful information as possible.You can serve papers on your landlord by filing a complaint with the court.On the day of your hearing, dress nicely and maintain an appropriate demeanor.
Step 1: The dispute needs to be identified.
What you should do depends on the substance of your dispute.Consider the following landlord-tenant disputes.Your apartment might not have enough heat or your toilet might be backed up.Tenants need to be able to live in their apartments.Your landlord doesn't have permission to enter your apartment.Your landlord must give you written notice when they will enter.Your landlord has damaged the property.Your landlord might not have kept the roof in good repair.You can file a lawsuit if it caves in and damages your property.The carelessness of your landlord has hurt you.If your landlord allowed the stairs to rot, that's carelessness.You can file a lawsuit if you break a leg climbing the stairs.You are being retaliated against by your landlord for exercising a legal right.If you tried to form a tenant's union or complained to the housing authorities about your landlord, they might not renew your lease.Your landlord is not following the lease.Your landlord made promises in the lease and it is a binding contract.You can take your landlord to court if they don't live up to their promises.You have been discriminated against by your landlord.It is against the law to discriminate against someone based on their gender, race, color, religion, national origin, or disability.It is illegal to discriminate because of sexual orientation in some states.
Step 2: Take a moment and write down your memories.
If there is a dispute, you are an important witness.Write out your memories as soon as possible.To sign the paper try to be as detailed as possible.If your landlord enters your apartment without permission, you should note the times and dates.Write down the date you first noticed the problem if your landlord doesn't make repairs.You should summarize any conversations you had with your landlord.Write down what they said.
Step 3: Photographs or video evidence can be collected.
It's helpful if you can show the judge what you're complaining about.Take pictures of a missing step.Mouse running around if you have a vermin problem.It isn't possible to get visual evidence for everything, but it is helpful if you have it.
Step 4: There are helpful documents to be gathered.
You have to present evidence to the judge when you file a lawsuit.There are documents that might be useful.If you were injured in the line of duty or had to replace damaged items, you might want to save your landlord's copy of your lease.
Step 5: Send a letter to your landlord.
Take your landlord to court if they are violating your rights.Explain to them what you want them to do.You need to give your landlord a chance to fix the problem before the court will allow you to file a lawsuit.If you want to have proof that it was received, you need to send your letter certified mail.There are samples online.No matter how angry you may be, remember to maintain a professional tone.Nevertheless, be firm.Your landlord is not wrong.The landlord has violated your rights.Refer to any communications you have had.If you sent your landlord an email about a leaking pipe, remind them of the date.Give the landlord a deadline and let them know what needs to be done.Immediate repairs should be made by the landlord.Inform the landlord how much you want.Documentation to back up your request for money.If your landlord doesn't respond favorably to your request, close the letter and remind them that you will file a lawsuit.
Step 6: Say something to a government authority.
Many laws must be followed by your landlord.It is best to get the government on your side if they break the laws.If your landlord won't make repairs, then you can call the housing inspector.If the apartment's current condition endangers your health or safety, call.If there is not enough heat or hot water, you wouldn't call.You can find the number in the phone book.If you have been discriminated against by your landlord, you can report it to the federal Department of Housing and Urban Development.HUD can investigate and bring a suit on your behalf.
Step 7: The dispute can be solved by trying to resolve it.
It is possible to resolve the dispute without going to court.Consider the use of mediation.Stop in and check if the courthouse has mediation programs.In mediation, you and your landlord meet with a third person to discuss your dispute.In order to reach a voluntary agreement, both sides need to listen to the other.Many people walk away from mediation feeling satisfied, even though you might have to compromise.If you want to continue to rent from the landlord, you should resolve the dispute.
Step 8: You should consult with a lawyer.
Only a qualified lawyer can assess your situation and advise you on how to file a lawsuit.Contact your local or state bar association to find a lawyer who specializes in landlord-tenant disputes.Costs could be a concern.Check if there is legal aid nearby.Legal aid helps people with low incomes.The website of the Legal Services Corporation is http://www.lsc.gov.If you are suing for discrimination, you might be able to hire a private attorney.If you're successful, you can win attorneys' fees.Private attorneys can represent you on contingency, meaning you only pay if they win the lawsuit.
Step 9: You can find the correct court.
You have to bring a lawsuit in order to do that.Look for the correct courthouse to file your lawsuit in.If you want to file a lawsuit for discrimination, you can file it in either federal or state court.There is a website where you can find your federal district.State court is where all other lawsuits can be brought.You can Sue in the district or county where your apartment is located.State court might be an option for small claims court.Every state has small claims courts that handle small dollar amounts.The maximum amount varies by state.The process for suing in small claims court is easy.You don't need a lawyer.
Step 10: You can draft a complaint.
The lawsuit begins with a complaint.You identify yourself in the document.You should describe the dispute in sufficient detail and ask the judge for monetary compensation.A complaint is a formal document so research how it should look and what should be included.A lawyer can draft a complaint for you.Before the lawyer files it, be sure to review it.You can fill in the form in small claims court.Check the website of the regular state courts for fillable forms.Sample complaints can be found in books at the library or online.When drafting your own, use a sample as a guide.
Step 11: You can file a complaint.
You should make a copy of the complaint for your records and your landlord.You may need to file several copies with the original.If you want to file, take everything to the court clerk.The filing date will be stamped by the clerk.You will probably have to pay a fee.Call ahead of time to make sure the amount is correct.You might be able to get a fee Waiver if you are low income.Go to the clerk and fill out the form.
Step 12: Notices should be served on your landlord.
You need to give your landlord a copy of your complaint so they can respond.You can fill out the "summons" at the clerk's office.You can give your landlord notice in a number of ways.If this person is not part of the case, you can have someone 18 or older give them the papers.You can hire a sheriff or a process server to make the delivery.You cannot deliver the papers yourself.You can mail the papers.You can use first class mail to send papers to your landlord in small claims court.Use other methods.Check the rules of your court.
Step 13: You need to file your proof of service.
A proof of service is a form that your landlord will return to you.Make a copy of your records and bring it to the court.
Step 14: You should read your landlord's response.
You will get a copy of the answer from your landlord.Do you know your landlord's defense?Your landlord might disagree with some of your assertions.They might deny the charge if you say they entered your apartment twice.Your landlord might try to get rid of you.If you haven't been paying your rent, then you can be sued by your landlord.
Step 15: You should engage in fact- finding.
In small claims court, the discovery stage of a lawsuit is simplified.If you turn over a copy of your lease, you are not entitled to anything else.In civil court, discovery can take a long time.You may have to answer questions under oath.You can depose your landlord or other witnesses.You will probably have to answer written questions, called "Interrogatories" and "requests for admission." You can also ask your landlord for information that might be helpful.The circumstances of your case will affect what you ask for.If you are going to file a racial discrimination lawsuit, you might want to ask your landlord how many African-American tenants they have had in the past ten years.You can reach out to a lawyer if you feel overwhelmed by the discover process.Unbundled legal services are provided by many lawyers.You retain control of the case, but the lawyer helps you draft a legal document or handle a deposition.Unbundled legal services can help keep legal costs low.
Step 16: People should bring witnesses.
It's a "he said, she said" situation without witnesses.Look for other people who can testify for you.Make sure they can attend the court date.A friend who has been in your apartment can back up your story.If your witnesses refuse to attend, serve them with a subpoena.You need to apply for a subpoena before your hearing.
Step 17: Look at a hearing.
Depending on the court, landlord-tenant disputes can be handled differently.You will have a trial in some courts.You will have a less formal hearing in others.You can observe a hearing at the courthouse.Take notes with a notepad.
Step 18: It's a good idea to dress professionally.
You don't have to wear a suit to court, but you should look presentable.The judge is judging you from the very beginning.It is possible to wear dress pants and a shirt.Women can wear a conservative dress.At home, leave shorts, tank tops, T-shirts, and crop tops.If you don't have any other long pants, wear jeans.
Step 19: You should present your case.
You go first as the person suing.Speak slowly and clearly so the judge can hear you.Don't speak to the landlord.All remarks should be directed to the judge.You should not read a written script.If you are talking to your boss, use your own words.Tell the judge who the witnesses are and what they will be testifying about.Your landlord can cross-examine you if you ask them questions.They might ask the judge questions if they have questions of their own.
Step 20: Listen to the case of your landlord.
The landlord goes first.You have to stay calm and not interrupt them.Don't make comments or eye roll while your landlord is speaking.You have a chance to respond to anything your landlord says.People might be called by your landlord.You can ask them questions.If you disagree with your landlord, you should write a note and raise it with the judge.Ignore personal attacks as best you can.Your landlord may say that you are loud or that your children do not behave.Ignore these issues if they are related to the lawsuit.
Step 21: Receive the judge's ruling.
The judge will rule after each side presents their case.If the case was very complicated, the judge should rule from the bench.Should you appeal if you lose?You should talk to a lawyer if you don't have one.Appeals take a long time and cost a lot.You must file a notice of appeal within 30 days if you want to appeal.If they lose, your landlord can appeal.