Can I Sue My Landlord?
In this article we will answer the question “can I sue my landlord?” And provide instances where you can sue your landlord and how to do so.
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When Can I Sue My Landlord?
You can sue your landlord if:
- They discriminate against you
- Your rental property is uninhabitable
- They fail to make the repairs necessary
- Your landlord illegally keeps your security deposit
- They wrongfully evict you
- Your landlord’s negligence causes you to be injured in the rental property
- Your landlord interferes with your right to quiet enjoyment of the rental property
Can I Sue My Landlord If I Face Housing Discrimination?
Yes. Landlords are prohibited from discriminating against tenants for reasons that are a protected class or familial status. Housing discrimination is protected by federal law and your state HUD will conduct an investigation if you file a report.
Can I Sue My Landlord If The Rental Property Is Uninhabitable?
Yes, the law provides a implied warranty of habitability and includes access to heat and hot water.
If your rental property is uninhabitable, you must notify your landlord and give them a chance to fix the issue. If they do not fix the issue you have two options:
- Fix the issue yourself and withhold rent for the repairs
- Take your landlord to small claims court.
Can I Sue My Landlord If They Fail To Make Necessary Repairs?
Yes. If your landlord fails to make necessary repairs or reimburse you if you make necessary repairs, you can sue them.
Can I Sue My Landlord If They Illegally Keep My Security Deposit or Do Not Return It On Time
Yes. The only reasons your landlord can keep your security deposit (portion or whole) is if:
- There is damage to the rental property beyond normal wear and tear
- You did not pay utility bills
- You did not pay rent
You can sue your landlord if they illegally kept your security deposit.
Can I Sue My Landlord If They Interfere With My Right to Quiet Enjoyment of The Rental Property?
Yes. This is a federally protected right and landlords must give reasonable notice before they enter your rental property. They are also only allowed to visit or enter the rental property for a reason stated in the rental agreement and state laws.
You can sue your landlord if they enter the property without notice.
Can I Sue My Landlord If They Wrongfully Evict Me?
Yes and you can take your case to court. There are proper legal procedures a landlord must follow to evict tenants, even if they have a legally justified reason for eviction. If your landlord does not follow the legal procedures, then you can sue them for wrongful eviction.
The law allows the following reasons for eviction:
- Not paying rent
- Breach of lease agreement
- Failing to move out at the end of the lease.
Can I Sue My Landlord If Their Negligence Causes Me To Be Injured In The Rental Property?
Yes as long as there is an element of negligence. The negligence needs to be an issue that the landlord was aware of and failed to fix or one that the landlord should have reasonably been aware of. You can sue your landlord for damages.
How Can I Sue My Landlord?
The answer to the question “can I sue my landlord” is yes, however, it will be costly. There are a number of court fees and filing fees you will need to pay as well as attorneys fees. Depending on the case, your landlord may have to pay this as well as damages, but it is not always the case.
Before you sue your landlord, you should send a demand letter. There are templates online, but the letter needs to be dated and clearly state the issue. It must ask them to remedy it and state that you will sue them if it is not fixed. Keep a copy of the demand letter for your records in case it goes to court.