Landlord Self Help

If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages.In some states, such as California and Arizona, you may be able to seek emotional distress damages if the landlord's actions were particularly egregious.

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;

If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.

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.

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.

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.

4 The filing fee for the Writ of Possession is $25. The sheriff also has to serve your tenant with the Writ of Possession, which costs another $30 per tenant. The removal of the tenant from the property (padlocking process) with the sheriff usually takes place about 5 to 7 days after filing the Writ of Possession.

A Writ of Possession in NC gives the county sheriff the authority to remove the tenant out of your rental property. After the Writ of Possession is issued by the court, the sheriff would be required to carry out the eviction seven days after it's issued.