Should i sue tenant

However, when a landlord has notice of criminal activity and doesn't take reasonable measures to prevent harm to tenants, a court might find the landlord liable when a tenant is injured.

For example, if a landlord denies a tenant's request to put stronger locks on the door after a series of break-ins, and the tenant is later injured during a burglary that new locks could've prevented, a court could find the landlord at least partially responsible for the tenant's injuries. Similarly, landlords could be liable for failing to take measures to prevent criminal activity that could lead to injuries—such as lighting an unsecured parking lot in an area where nighttime muggings are common.

If you've been injured at your rental and believe your landlord caused your injuries, consider consulting a local personal injury attorney to discuss what happened.

An attorney can evaluate the situation and advise you whether filing a lawsuit against your landlord is the best course of action. Browse All Personal Injury Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service.

Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Home Legal Information Personal Injury. When a Landlord is Negligent Under the legal concept of negligence , when a landlord's behavior is the proximate cause of a tenant's injury, a court can hold the landlord liable to the tenant—even if the landlord didn't intend any harm.

Comparative and Contributory Fault Even when a landlord's behavior meets all the elements of negligence, sometimes the tenant's own behavior also plays a role in causing the injury. In situations where tenants are partially to blame for their injuries, courts use one either a comparative or contributory fault approach to allocate liability: Comparative fault. The court assigns a percentage of responsibility to each party.

This allocation can drastically affect the tenant's potential monetary award : When the tenant's responsibility is greater than the landlord's, some courts won't order any monetary award to the tenant. Most courts, however, order a proportionate award. Contributory fault. When the court finds that the tenant's actions contributed in any way—even just one percent—to the injuries, it assigns all liability to the tenant and won't order the landlord to pay any money.

Very few courts use this harsh rule. When a Landlord's Behavior is Negligent Per Se Under the legal theory of negligence per se , courts automatically conclude that landlords who violate certain laws have acted negligently. Rather, tenants who sue their landlords under a theory of negligence per se must prove that: the landlord violated a law the law in question usually must relate to safety, for example, a criminal statute or a municipal health ordinance the purpose of the law is to protect tenants or the public from a certain danger their injuries are of the type the law was supposed to protect them from, and the landlord's violation caused either directly or indirectly, depending on the circumstances their injuries.

When a Landlord Doesn't Provide a Fit and Habitable Rental In almost every state, landlords have the duty to provide livable rentals—even if they don't promise to do so in the lease or rental agreement. Make the Most of Your Claim. Grow Your Legal Practice. Meet the Editors. Suing a Former Tenant for Unpaid Rent. What landlords should know before suing a tenant. These cases arise when: the tenancy is month-to-month, and the tenant has left without giving the required 30 days' notice, and the tenant has a lease, but has broken it by leaving before its term is up.

Unpaid Rent and Month-To-Month Tenants Month-to-month tenants must give at least the legally required number of days' notice of their intent to move out, and must pay rent during those days. When the Tenant Has No Defense Often the tenant has moved away and doesn't bother to show up in court.

Unpaid Rent and Tenants with Leases Tenants who leave before the expiration of a fixed-term lease whether or not they notify the landlord that they're leaving and refuse to pay the remainder of the rent due under the lease are said to have "broken the lease.

What all this adds up to is that a landlord whose tenant breaks a lease with no good reason is entitled to: the remaining rent due under the lease, minus any portion of that amount that the landlord can reasonably obtain by rerenting the unit, plus any reasonable advertising expenses incurred in finding a new tenant, plus charges for necessary repair and cleaning after the tenant moves out. Tenant's Defenses to Unpaid Rent Lease-breaking tenants may have a defense to a landlord's suit for unpaid rent—rent the landlord would have collected had the tenant stayed in the rental.

Tenants Suing Cotenants for Unpaid Rent When two or more people rent property together and all sign the same rental agreement or lease, they are cotenants. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. Lawsuits and Court. Filing a Lawsuit. Representing Yourself. Working With a Lawyer. How to Find a Lawyer.

Cost of a Lawyer. Everybody's Guide to Small Claims Court. Represent Yourself in Court. You need to check with the small claims court or with an attorney in your area to determine the exact requirements. In most states, there is an implied warranty of habitability. This means that the landlord is responsible for making repairs and keeping the property in livable condition.

For example, every tenant has the right to have heat, plumbing fixtures and running water available to them. If the landlord refuses to make repairs that affect the health and safety of the tenant, then the tenant can often withhold rent, move out of the property or eventually sue the landlord.

Most landlord versus tenant lawsuits occur in small claims court. Eviction cases, however, are usually heard in a higher court. Again, each state will have different laws regarding the exact procedures.

For example, the maximum amount you can sue your landlord for will differ in each state. State laws will also differ on how long a landlord has to reply to the lawsuit. In Alabama, for example, a landlord has 14 days to respond. When you should sue your landlord depends on the reason you are suing. If you are suing because the landlord withheld your security deposit, then it makes sense to file the lawsuit after move out. If you are suing because the landlord refuses to perform repairs to make the unit habitable, then it makes sense to sue while you have an active lease.

If you sue while you are still living in the apartment, you do risk the landlord trying to retaliate against you. However, many states have laws that prohibit landlords from performing an act of retaliation in response to a tenant taking a legally allowed action, such as taking the landlord to court. State specific laws will again come into play. In general, you may be able to file a lawsuit against your landlord for the following reasons.

New York City Bar. Rhode Island Judiciary. Minnesota Judicial Branch.