hire an attorney when tenant trying to sue you

If a tenant or guest sues you and claims that she got hurt or sick because of your carelessness, you'll almost certainly want to hire a lawyer to defend you. Personal injury cases are typically high stakes, and personal injury lawyers know their way through these cases much better than you do.

Full Answer

Do I need a lawyer to file a lawsuit against my Landlord?

Your Landlord Discriminates Against You. If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any harm you suffered. One option is to hire a lawyer to sue the landlord in court.

What should I consider when hiring a landlord-tenant attorney?

Feb 13, 2020 · Here is our free tenant lawyer advice for knowing when you should hire a tenant lawyer: 1. Your Landlord is Discriminatory to You or Other Tenants in Your Home. Your landlord cannot discriminate against anyone in your home’s race, sex, religion, nationality, disability, or familial status. For instance, if you have a baby, your landlord ...

What happens if you file a lawsuit against a tenant?

Nov 21, 2017 · Why would you spend your money on a landlord lawyer who probably won’t recycle it back into the tenant community? If you’re a tenant and you need a lawyer, join the Tenants Union, get their list and hire a tenant lawyer! Call the Tenant Lawyers now for a free consultation. (415) 552-9060.

Do I need a lawyer to evict tenants?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, or bankruptcy. Why hire a Landlord or tenant attorney

Can I take my tenant to court for damages?

Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property. ... If the security deposit does not cover the amount of damage done, you can take your tenant to court to hopefully get the rest of the money you are owed.Dec 1, 2020

Can you sue landlord for emotional distress?

Can I sue my landlord for pain and suffering? As part of a personal injury claim, you could be compensated for any pain or suffering you were caused to experience as a result of your landlord's failings. This includes physical and psychiatric harm, as well as financial losses.Jul 1, 2021

Can you seek compensation from landlord?

You may be entitled to compensation from your landlord if they fail to carry out repair work within a reasonable time, or if your house is unfit to live in due to poor conditions. ... If your landlord won't agree, renters can take legal action to claim compensation either during the tenancy or after it ends.Mar 26, 2021

How do I make a claim against my landlord?

You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.

Your Landlord Is Evicting You

If your landlord serves you with a termination notice that you intend to fight, hiring a lawyer can increase your chance of success. Choose a lawye...

Your Landlord Is Evicting You Without Proper Court Procedures

Landlords must follow eviction procedures set forth by state and local law. If your landlord tries to evict you by taking matters into his own hand...

Your Landlord Discriminates Against You

If you believe your landlord is discriminating against you, you may need a lawyer to stop the illegal actions and help you recover damages for any...

Your Landlord Won't Make Necessary Repairs

If your landlord isn't fulfilling important obligations under your lease and the law, it can lead to major problems. For example, think of the land...

Your Landlord Isn't Fulfilling His Promises

Sometimes, landlords make promises to encourage hesitant applicants to rent from them. For example, if an applicant is concerned about the neighbor...

You've been Injured Or Made Ill

Accidents can happen, even at a well-run rental property. However, if an accident is the result of the landlord's carelessness, you may have a lega...

Your Property Has been Damaged

Sometimes, a landlord's failure to maintain the rental property causes damage to your personal property. For example, a landlord's faulty wiring re...

How to Get A Lawyer's Help

If you are in need of a lawyer, choose one with expertise in landlord-tenant matters. For help in getting a lawyer, read the article "How to Find a...

What a landlord-tenant lawyer can do

A landlord-tenant attorney can handle conflicts that may arise between landlords and renters. Before you hire an attorney, remember that most disputes between landlords and tenants end up in small claims court. Some states, such as California, don't allow you to have a lawyer in small claims court.

How to find a landlord-tenant attorney

Because the law varies by state, and even by city, it's important to looks for lawyers in your specific jurisdiction. When comparing lawyers, look for recommendations from other attorneys and positive reviews from past clients.

Top 5 questions to ask a landlord-tenant lawyer

Before you hire a landlord-tenant attorney, you'll want to arrange an initial consultation to meet the attorney and briefly review your case. The following questions will help you determine if the attorney is a good fit for your case:

Costs of hiring a landlord-tenant lawyer

An attorney's fee will depend on the complexity of your case, where you live, and the attorney's billing practices.

What does a lawyer do for a home?

A lawyer can help educate you on what your home must be legally outfitted with in order to be considered “livable” in your state or county. 3. Your Landlord is Withholding Damage Deposits and/or Funds from You. Your landlord can have numerous reasons for not returning your money.

What happens if you are evicted from your home?

Cause disturbances to force you out of your home like loud noises. Take, keep, remove, or destroy your personal property. Being evicted or sued by a landlord can be frustrating, and can have serious consequences against your mental well-being and credit score.

What is the Fair Housing Act?

The Fair Housing Act allows tenants to be safe against discrimination regardless of race, sex, religion, nationality, disability, or familial status. Although tenancy laws vary from state to state, all tenants have the right to safe and livable spaces with working necessities like heat, water, and electricity.

Can a landlord forcefully evict you?

Your Landlord Forcefully Tries to Evict You Without Proper Notice. In order for your landlord to legally evict you, they need a court-order eviction notice. The first notice will be a notice to vacate the premises. This should have your landlord’s reason for eviction, and when you need to leave by.

Can a landlord discriminate against you?

Your landlord cannot discriminate against anyone in your home’s race, sex, religion, nationality, disability, or familial status . For instance, if you have a baby, your landlord cannot evict you if they’re worried about noise complaints.

Tenant lawyers are committed to expanding tenants rights

I know many San Francisco tenant lawyers. Many of them make substantial donations to the San Francisco Tenants Union, Tenants Together, the Housing Rights Committee , Just Cause and other Bay Area tenants rights organizations. They are volunteer counselors at those organizations.

Tenant lawyers share their experiences and discuss tenant law with one another

I am a member of a group of tenant lawyers in San Francisco. We promise to one another that we will only represent tenants in residential cases. We will not represent master tenants seeking to evict their subtenants. We have a listserv in which we discuss the latest law and best practices to fight for our clients.

Tenant lawyers are more empathetic. Many of them are tenants themselves

The simple point of this is: Why would you hire landlord lawyer who is, at best, ambivalent about your rights? Why would you spend your money on a landlord lawyer who probably won’t recycle it back into the tenant community? If you’re a tenant and you need a lawyer, join the Tenants Union, get their list and hire a tenant lawyer!

What is a tenant lawyer?

On the other hand, a landlord / tenant lawyer also helps landlords who have tenants breaking rules, such as moving out three months early or refusing to pay rent. Tenant eviction laws are very specific, with different rules in each city.

What can a landlord/tenant lawyer do?

A landlord/tenant lawyer can help you win an eviction lawsuit, steer clear of liability, and collect or return a security deposit. Whether you are a landlord drawing up a lease or a renter trying to get back your security deposit, an attorney can assist in cases of all types, especially those involving illegal discrimination, property damage, ...

What happens if a tenant breaks their lease?

For example, if a tenant breaks their lease and moves out early, you can sue them for the rent that is due for the remainder of the lease and potentially the costs associated with finding a new tenant to fill the vacancy. Clear Your Name: Suing your tenant and winning will provide legal proof that you were in the right.

What happens if you don't pay rent?

If that does not work, you can file to evict the tenant. At the same time, you can also sue them for any rent they owe.

Can a landlord send a letter to a tenant?

This letter may be intimidating enough to avoid a court battle. A landlord can also decide to do nothing and chalk up any losses as a learning experience.

Can you deduct security deposit?

Often, you can deduct this amount from the tenant’s security deposit. If the security deposit is not enough to cover the expense, you can sue in small claims court to recover the rest. Damage to the Property: A landlord can sue a tenant if the tenant has caused damage to the property. Again, you can start by deducting the amount ...

Can you sue a tenant for damages?

Receive Additional Damages: In court, you can sue the tenant for the actual money you are owed, but also for additional damages.

Can you take a tenant to court?

Risks of Taking a Tenant to Court. There are advantages to suing your tenant, but a landlord must also understand the risks involved. There is no guarantee of victory and you could trigger a counterclaim from your tenant. You Could Lose: Filing a lawsuit is not a guarantee that you will win the lawsuit.

What happens if you evict a tenant?

If you wrongfully evict a tenant from your rental property, they can sue you for incurred damages related to the eviction, court costs, attorney fees, and much more. Therefore, you do not have the authority to do any of the following without a proper court order: Move any of your tenant’s belongings out of your rental property.

What happens if a tenant doesn't return a security deposit?

If the landlord fails to return the deposit in time, a tenant has the right to sue for up to 3x the withheld monetary amount plus reasonable court fees.

What is rental agreement?

Rental agreements are legally binding contractual “agreements” between two parties, the landlord and tenant. That said, landlords should be aware that while many laws are protecting the rights of property owners, tenants also have rights. These tenant rights protect renters against overbearing or illegal landlord actions.

How much does an eviction cost?

Evictions can be expensive; in fact, statistics show they can cost upwards of $3,000 to $5,000.

How long does it take to return a security deposit?

Know the Laws: Typically, a landlord has a specified amount of time after move out, usually 30 to 45 days, in which to return the security deposit. Additionally, some laws govern how tenants receive notice of charges against the deposit as well as required receipts.

Is evicting a tenant a legal process?

That said, it is essential to understand that evicting a tenant is a legal process and must be followed to prevent a tenant from suing for wrongful eviction. Check out these instances of wrongful eviction where a tenant may hold ...

What is a breach of quiet enjoyment?

Breach of Quiet Enjoyment. According to most state laws, unless your rental property lease agreement specifies otherwise, there is an implied covenant or warranty built into every lease. Simply put, this entitles the tenant “quiet enjoyment” of the premises while leasing the home.

Becky B. Follow

Last year might have been a good year for me, if clients hadn't stiffed me out of of more than $8,000. It wasn't out of any legal battle, disagreement over fees or anything else. They just didn't have the money, or didn't want to pay me after it was done because their project was cancelled (not my fault!), or they wanted something different.

Michael Erwin

This is great! Especially for identifying potential clients you do not want to work with from the beginning.

Lea Nesbitt

I'm a recent startup in marketing with a difficult and verbally abusive client. For many reasons, I notified my client that I was terminating the business relationship -- I'll refund half the money within 30 days and keep a deposit for work performed. ($500) The client (a doctor) became irate, asked my work log and I gave it to him.

Becky B

As I said, you have several options to get this jerk to back off. You can report him to the state medical board for abuse. You can report him to every hospital within a 100-mile area (HR department), and you can post reviews on Yelp, Google etc. if you really want to warn others.

How to sue a creditor for a debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: 1 allow the creditor to obtain a judgment against you (called a "default judgment") 2 defend the lawsuit yourself, or 3 hire an attorney to represent you in the lawsuit.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What is a counterclaim?

A counterclaim is a claim that you have against the creditor. In most states, the counterclaim must relate to the transaction at issue in the creditor's lawsuit. For example, say the creditor sues you for nonpayment of a credit card debt.

Can a creditor get a judgment against you?

allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

Can you keep your retirement account in bankruptcy?

If bankruptcy might be inevitable, think twice before using retirement funds to pay bills. Most people can keep their retirement account in bankruptcy.

Should I Sue My Tenant?

The decision about whether to file a lawsuit against a tenant can be challenging. Ultimately, a Texas landlord attorney like me is not in the best position to make this decision. You are. So, this article is going to arm you with the information you will need to answer the question, “should I sue my tenant?”

The Big Question: Can I Collect on a Judgment if I Get One?

In many – arguably most – tenant lawsuits, the landlord is highly likely to obtain a judgment. The problem is collecting on that judgment . Judgments only declare one party to be the winner, and the other to be the loser. The winner must take additional steps to collect on the judgment.

Why Would I Sue My Tenant if He Is Entirely Protected by Texas Homestead?

It doesn’t make a lot of sense on it’s face, but it STILL might make sense to sue your tenant . The reasons? Ignorance and apathy.

The Sit-And-Wait Approach

Garnishments are not the only means of collecting on judgments in Texas, though. There are several others.

This Decision is All About Probabilities

You are best suited to determine whether it is a good idea to sue your tenant. I am not. You know your tenant better than I. And your understanding of these facts should be the only thing that guides you in making this decision.

When is it a Bad Idea to Sue My Tenant

Here is a list of some circumstances where you should avoid proceeding on tenant litigation (at least for now):

How Long do I Have to Sue My Tenant?

Written residential lease contracts have a 4-year statute of limitations. The four years begins when you discovered the debt.