What kind of lawyer do I need to sue my landlord in the US?
Landlords are expected to be fair and honest towards their tenants. They are also required to uphold federal, state, county, and city laws regarding rental properties. There are many rights that every tenant has under the landlord-tenant act that sets out how each party should behave when leasing property. If a landlord fails to uphold these laws, then the tenant has the right to take legal action and sue for what is owed.
Qualifications of Lawyers
There are different types of lawyers specializing in landlord-tenant law, but not all will help you sue your landlord. Some landlords take tenants to court every day and know every trick in the book regarding winning. Most landlords are also not very familiar with legal procedures and the laws that govern their rights.
Therefore, do not expect to go up against your landlord in court unless you use a lawyer who works specifically on cases like yours. Landlords will use any chance they can get to keep your security deposit, especially if it’s your first time in court. It would be best if you were prepared for this and have the right lawyer by your side that knows what he is doing. If you hire a lawyer that has never won a case against a landlord, then there may not be much hope of fighting back successfully.
The perspective of Landlords
If you plan to take legal action against your landlord, then the landlord is likely doing the same. They will not hire a lawyer who can’t make them successful in court. All landlords should be well aware of the laws that govern their rights and how they can use these to their advantage when going up against a tenant.
Suing Your Landlord: What You Need to Know
Before taking legal action against your landlord, you should get informed on the process. Every case is different and can be complicated depending on how much money is owed, who owes it, what the security deposit was for, etc. There are many possible outcomes to a case like this, and each one must be considered carefully before taking legal action.
If a tenant wins a case against a landlord, they may receive a few days’ worths of rent or even their security deposit back, depending on the judge’s decision. However, if a landlord wins his case against a tenant, they can have them evicted from their property and take whatever is owed from the tenant’s security deposit.
Reasons you can sue your landlord
There are several reasons that a tenant can sue their landlord. These include:
- Not following the state’s security deposit laws
- Failure to make repairs after being notified by the tenant about needed repairs
- Landlords illegally taking money from the security deposit
- Illegal eviction procedure followed by the landlord
- Forcing tenants to move out by refusing to make repairs to the property
- Landlords being discriminatory by not renting out their properties because of race or creed
- Landlords overcharging tenants for rent
If any one of these reasons is true about your case, you have good reason to sue. However, if more than one is true, then your chances of winning will improve significantly.
Suing Your Landlord: What You Can Expect to Win
f you take legal action against your landlord, then the court case will be about what is owed to you. If you believe that your landlord owes you anything, then make sure to claim it during the trial. The judge will decide if each one of these claims is true and if they are, then you will be awarded what you’ve asked for.
If your landlord wins the case against you, then they may receive something from your security deposit or even evict you if necessary. However, if you are successful in winning by proving that your landlord owes you damages inflicted on the property, they will have to award them to you.
Suing Your Landlord: Requirements for Filing a Case
Before filing a case against your landlord, you must first know if you meet all requirements. These can be found at your local courthouse, and they usually include:
- The amount owed should be less than $25,000 (Although some jurisdictions may allow for larger amounts)
- You have already paid the security deposit in full
- You have not taken any legal action against the landlord before (in most cases)
- The property you were renting must be your main residence and not an investment property or second home. It means that you should live there at least six months out of the year and not rent it out for income.
Tenants in need of legal help should contact a lawyer who can assist them with their case. It is often best because they will understand your side of things and make sure that you meet all of the requirements necessary to file a lawsuit against your landlord.
How Much Money Will You Need To sue?
The cost of a lawsuit will vary depending on a few different things. If you want to win a case against your landlord, it is best to contact an attorney who can give you the peace of mind you need. They can tell you how much money they expect for the case and what it would take from each side to settle out of court if that is the route you want to go.
Tenants who are not sure about what they can win from their landlord should contact an attorney because they will be able to tell them what they would most likely receive from a judge or jury. The more damage is done, the higher chances of winning and receiving damages against your landlord.
If you do not win the case, then the landlord may still receive something from your security deposit or even evict you if necessary. However, if you are successful in winning by proving that your landlord owes you damages inflicted on the property, they will have to award them to you.
How Much Time Your Case Will Take
It usually takes up to six months for a case like this to make it through all levels of the court before a decision is made. It does not include the time that can be spent prolonging the case through legal loopholes.
Before taking legal action against your landlord, you should be aware that it may take up to six months for anything to happen in your case. Some cases are resolved within one or two months, while others take longer depending on their complexities.
Conclusion
Before you sue your landlord, make sure that you are prepared financially and mentally for a possible six-month lawsuit process. Find a lawyer who has plenty of experience going against landlords in court and knows how to win. You can find this by looking at his record or asking him pointed questions about his success rate in the past.
