Rental agreements must be upheld by both the landlord and the tenant. If the landlord or rental company violates the agreement, it may be grounds for legal action by the tenant. In most cases, a tenant will sue their landlord after moving out, but a tenant can also sue while they are still occupying the property.
It is important for the success of the lawsuit to have enough physical evidence of misconduct by the landlord. Just as tenants have many laws protecting them, renters also have their rights. Hire a tenant lawyer in order to ensure the success of your case.
After suing, a tenant has many advantages, which include:- You could receive the money your landlord owes you if the reason behind the lawsuit was a lack of security deposit refund.
- You can improve the conditions in your premise such as water, electricity and more.
- Attempting to sue can convince your landlord to have an agreement without going to court.
So, when can you sue your landlord?
When signing the contract, tenants may think that you have everything in place and have an agreement with their landlord. However, not all that glitters is gold.
What seems right at the beginning may come crumbling down as soon as you have disagreements or conflicts. Some conflicts and misconducts may be trivial, and a threat of lawsuit may be enough to resolve the issue.
However, more serious conflicts may require a riverside attorney to mediate and represent your case if it needs to go to court. Some cases can be heard in small courts, while in other cases, you may have to visit a higher court.
Security Deposit Issues
Tenants may sue the landlord for withholding your security deposit. But first, tenants need to know the various laws that allow landlords to hold on to security deposits legally.
Landlords may make certain deductions to tenants’ security deposit to cover repairing the damages tenants caused to the house. However, landlords cannot charge tenants for prior damages or damages caused by factors beyond their control, so be sure to look out for that.
Unlawful Eviction
If your landlord no longer wants a tenant on their premises, they may get a legal permit to evict the tenant from their unit. However, keep in mind that the landlord will have to provide the tenant with legal notice beforehand. This way, they can prepare to vacate the premises by searching for vacant rentals. If not, tenants can sue them for wrongful eviction.
There are various types of wrongful house eviction, and the most common one in many states is a rent increase. If your landlord suddenly spikes up the rent, this is always an act of wrongful eviction.
Unlivable Premise
Tenants can sue their landlord for an unlivable unit if they have tried to request fixes and the landlord refuses. The place of residence should be livable for the tenant; if not, the landlord should state so in the contract.
All tenants can sue their landlords for providing inhabitable conditions. Such include lack of waste disposal, rodent infestation, and structural damages risking the renter’s health and safety. Tenants may also sue them for lack of electricity, water, and heat, if they are the landlord’s responsibility in the rental agreement.
Refusal to Fulfill Agreements
If tenants agree to move into a premise on a specific date, tenants may sue the landlord if the property is not available when it should have been. Landlords have the responsibility of ensuring the house is single on the day tenants move in.
Another way landlords may not play their part in an agreement is by refusing to make repairs to a premise. Tenants may sue the landlord when they have to pay for a repair that was the landlord or rental company’s responsibility.
Non-Disclosure of Hazards in the Building
Tenants may sue a landlord for failing to disclose the presence of hazards in the building. This way, one can have an insight into the building they will be living in, allowing them to take precautions.
There are multiple hazards a landlord should reveal to tenants before signing the rental contract. Such hazards may include electrical hazards such as naked wires, appliances with shock upon touching, and unstable power current. They should also disclose gas hazards to avoid loss of consciousness.
It is advisable to be aware of other things that may justify a lawsuit, such as discrimination based on background, race, ethnicity, religion, etc. Try to approach legal action with a tenant lawyer as soon after conflict has occurred, so it is still current and provides reason for a lawsuit.