Why should you sue the landlord? How to sue your landlord? What are the risks and benefits of the same? What are the different reasons that could lead to suing the landlord? Can you sue a landlord for emotional distress? Well, if these are the major concerns that are revolving in your head, then why not let’s scroll this informative piece till the end.
Hence, let’s get started.
When to Sue a Landlord
Can I sue my landlord for emotional distress? The answer is YES, you can. To know more about it, let’s stay tuned till the end.
Well, according to the Legal Information Institute, the landlord tenant law regulates the commercial as well as residential rental holdings.
A number of states have established the statutory law either on the URLTA, i.e., Uniform Residential Landlord and Tenant Act or Model Residential Landlord-Tenant Code.
Furthermost, the federal statutory law may be pertinent during the times of the regional/national emergencies and in forbidding forms of discrimination.
Now, what if you are staying in Georgia? Don’t you think it is important to understand the laws that are particularly active for the citizens of Georgia? If so, then it is a high time to check out the Georgia landlord tenant law.
Moreover, did you know about the four basic types of landlord-tenant relationships? If not, then it is time to know about them. Well, these are mentioned below:
- Term of Years Tenancy
- Periodic Tenancy
- Tenancy at Will
- Tenancy at Sufferance
10 Reasons You Can Sue Your Landlord
It is more challenging to look at the reasons for which you can sue the landlord. Isn’t it? Of course, it is. So, to make the research easier for you, let’s check out these reasons below.
Now, it is a time to shed some light over the 10 main reasons for which you can sue your landlord. For that, let’s delve inside.
- Holding Your Security Deposit Illegally: The landlord-tenant law within every state specifies the circumstances under which a landlord may withdraw money from your security deposit. You have the right to sue your landlord if he or she has imposed a reduction for a cause that isn’t lawful or wasn’t negotiated upon beforehand, also including regular wear and tear on the premises.
- You are not adhering to your state’s security deposit laws: You may indeed be entitled to sue your landlord if he or she refuses to fulfill extra security deposit regulations, in regard to unlawfully keeping your security deposit.
- Housing Discriminatory practices: You may have a legal argument often against your landlord if they have broken the rules of the Federal Fair Housing Act. You must therefore submit a grievance with the Department of Housing and Urban Development (HUD).
- Illegal Rental Conditions: Surprisingly, the landlord could not tell and perhaps insert provisions in a contract that are illegitimate or that violate your state’s landlord-tenant regulations.
- You have not been compensated by your landlord for a maintenance: If your landlord refuses to make a restoration that affects your health & wellbeing, or refuses to make it in a satisfactory period of time, and you pay somebody else to make the maintenance, you can file a lawsuit to your landlord to regain the funds you reimbursed out of your own pouch, as well as any harm you may have suffered.
- The apartment is unsafe: Now, you can also file the case if the landlord refuses to make the maintenance that impacts the safety as well as wellbeing.
- Did not indicate the presence of lead paint dangers or a mold problem: Any known, present, or historical lead paint dangers or mold problems at the premises must be disclosed by the landlord.
Well, Mass Legal Help has mentioned some major reasons for which you can sue the landlord. Some of the most significant are here listed below.
- Bad Conditions and Breach of Warranty of Habitability
- Breach of Quiet Enjoyment
- Unfair or Deceptive Practices
- Security Deposits
- Loss or Injury from Burglary or Other Criminal Acts
- Invasion of Privacy
- Paying for Utilities Without a Written Agreement
Benefits of Suing Your Landlord
As a coin has two sides, likewise every concept has two situations defining the benefits or the risks. Likewise, it is a perfect time to learn about the advantages and disadvantages or benefits or risks of suing your landlord.
For that, let’s dive in a bit more.
Well, there is no doubt that all the landlord tenant matches are never made in heaven. Therefore, if anything goes wrong from the landlord’s end, then it is always beneficial for the tenants to take the landlord to court.
Likewise, there are various benefits that could be seen for suing the landlord.
- Suing could forbid you from moving to another place.
- It could rejuvenate the money that the landlord owes or damages.
- Suing may instigate a settlement, or it could propel a landlord to settle the issue outside the court.
- You could confront a countersuit.
Hence, be it a landlord or tenant, it is mandatory to make sure that you are fully informed or vigilant with the right side of the law. It includes the responsibilities, rights, or rental property agreements.
Risks of Suing Your Landlord
After discussing the positives of suing the landlord, it is a perfect time to check out the risks for the same. Therefore, it is the time to check out the risks of suing the landlord.
For that, let’s dive into the following information.
- There are chances of losing the case.
- It could be expensive for the tenants to sue their landlord as there are some filing fees or the court fees that have to be paid.
- Moreover, the landlord could backfire by counter suing the tenant.
At this certain point, you might have understood the reasons for which you can sue the landlord. Hence, along with this, it would be more beneficial to break the ice and understand the various benefits as well as risks for suing the landlord.