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If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.
Know Your Landlord-Tenant Act. Be Aware of Scams. Get Tenant Insurance. Ask For a Walk-Through Inspection. Read the Lease Agreement. Understand Notices and Eviction Terms. Look Out For Your Safety.
The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;
You can recover up to $250,000 in pain and suffering, or any non-economic damages.
Benefits of Suing Your Landlord Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court.
If the tenant refuses, you are permitted to send them a notice to agree or quit the property. The tenant refusing you access constitutes a breach in the lease agreement, so they could be evicted if they continue to deny access.
Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.
While tenants cannot unreasonably deny access to a landlord, landlords must also follow all of the state and local rules regarding access to tenants' apartments. Roughly half of states have rules governing landlord entry into tenants' apartments.
Can I sue in Small Claims Court for emotional distress or lost wages? No. There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you. You cannot sue to force the landlord to do something.