How to Sue Your Landlord in Court

The landlord is supposed to respond to repair orders in a timely manner and give written notice when needing to enter the unit when tenants are not at home. The problem is that not all landlords are honest and take their jobs seriously. Some may act in an unprofessional manner, disregard repair orders and refuse to return security deposits.

Tenants should be aware of their legal rights. The Landlord/Tenant Act outlines the responsibilities of the landlord and the tenant and lays a basic foundation for what the landlord can and cannot do. Often times a dishonest manager will try to get around the law if they think tenants do not know their rights. The tenant should contact the housing authority for a copy of the Fair Housing Laws and Landlord/Tenant law for their state. In most situations, managers and landlords have to return security deposits within 2 weeks. If any repairs are taken out of the deposit an itemized list of deductions will be given to tenants along with the balance of the deposit.

It is important to document the condition of the unit upon moving in and moving out. Take pictures or do a video walk-through. The landlord should give tenants a checklist to mark down problems in the unit to be fixed before moving in. Anything that is marked down on this list cannot be charged to the tenant upon moving out. This documents the condition of the unit when the tenant moved in. When the tenant moves out, the unit should be cleaned and restored to move-in condition for the next tenants. The security deposit is returned to the tenant within two weeks of the tenant moving out.

In the event you must sue your landlord for repairs or return of a security deposit, you will need to provide documentation of all correspondences with the landlord. Keep rent receipts, proof of deposit, and any written notes to the landlord. If the landlord has not made necessary repairs within a reasonable time, the tenant should send a certified letter reminding the landlord of his responsibility. It is not advisable to withhold the rent in light of repairs because the landlord may use that as a reason to evict you.

You may need to hire an attorney to represent you in court. Not all cases require an attorney, but it is good to have legal council to advise you of the laws in your state. If you do use an attorney, be sure to provide him or her with all the necessary proof for your case. In the event you win, the landlord will have to pay all the court fees. The law states that the landlord cannot retaliate against the tenant by raising the rent or take any action to get rid of the tenant.

In most cases when facing a possible lawsuit, the landlord will attempt to settle quickly without going to court because if you can prove your case it will cost him more than just fees.

When you arrive at the courthouse you will wait to be called for your case and give your documentation to the clerk. Present your case to the judge and present any evidence such as pictures of the condition of the property.The Burden of proof is upon the one who files the lawsuit. If you can prove that the landlord acted inappropriately with evidence to back it up, the judge will decide in your favor. At theat time the judge will give the landlord a designated period of time to have the repairs made or face further prosecution.

Reference

Tenant Info: Landlords Cant:

Landlord/Tenant Law Guides by State

Landlord/Tenant Law Resources

Take Your Landlord to Court