Quick Answer: Can You Sue Apartments?

How much does it cost to sue an apartment complex?

You typically will need to pay a filing fee.

This varies by court, but it’s usually around $50..

How much money can you get for suing for emotional distress?

You can recover up to $250,000 in pain and suffering, or any non-economic damages.

How much can I sue my landlord for wrongful eviction?

In California, punitive damages can be up to $100 per day of violation and at least $250 per separate violation. One of the main damages in a wrongful eviction lawsuit is the rent differential.

Do you have to pay the rest of your lease if you get evicted?

In the situation where a tenant is evicted, they are liable for the remainder of their lease. That is until the landlord re-rents the unit. For unpaid rent, up to the eviction, the tenant is responsible for that as well since the lease is a contractual obligation to pay rent.

How do you prove emotional distress?

Evidence to prove emotional distress includes witness testimony, documentation and other evidence related to the accident. For example, you may provide your own testimony of flashbacks, inability to sleep, anxiety, and any other emotional injuries that you have associated with the accident.

What can get you kicked out of an apartment?

5 Legitimate Reasons to Evict a TenantNonpayment of Rent. The most common reason for a lease termination and eviction is nonpayment of rent. … Lease Violation. The second most common reason for eviction is when a tenant violates a lease clause. … Property Damage. … Illegal or Drug Related Activity. … Expiration of Lease.

Can I sue my apartment complex for not fixing AC?

When to Sue a Landlord 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.

What is fair compensation for pain and suffering?

That said, from my personal experience, the typical payout for pain and suffering in most claims is under $15,000. This is because most claims involve small injuries. The severity of the injury is a huge factor that affects the value of pain and suffering damages.

Can you file a lawsuit against apartment complex?

Before filing suit, write your landlord a demand letter stating what you want and your intent to sue if necessary. Depending on the laws in your state, you may sue the landlord for the losses associated with the uninhabitable rental premises.

How can I get tenants kicked out?

Step 1: Understanding the Eviction Laws. … Step 2: Have a Valid Reason for Eviction. … Step 3: Try to Reason with Your Tenants. … Step 4: Give a Formal Notice of Eviction. … Step 5: File Your Eviction with the Courts. … Step 6: Prepare for and Attend the Court Hearing. … Step 7: Evicting the Tenant. … Step 8: Collecting Past-Due Rent.

Can I sue my apartment for emotional distress?

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.

Can a landlord evict you for suing them?

Know Your Rights When Suing Your Landlord While things may be tense, your landlord can’t evict you without proper cause and an eviction notice while you are on the lease.

An in-law suite or apartment is a private space for in-laws and parents that is usually attached to or located on the same lot as their grown child’s house. Many in-law suites are custom-built home additions, though converted garages, basements and stand-alone guest houses are also common.

What is an illegal apartment?

An illegal rental unit is one that is rented out for a residential purpose when the property is not legally considered to be residential. Landlords and tenants both have certain rights when it comes to illegal rental units, but make sure you know how to remain legally-compliant.

Can you sue a rental company?

Typically, tenants sue their former landlords after they’ve moved out, usually over security deposits or another financial matter. However, sometimes you have to file a civil suit to get the attention of your current landlord. For example, if your landlord won’t make repairs, you may need to sue.

Can you rent an illegal apartment?

Under California law, contracts that are entered into for an unlawful purpose—such as a lease to rent an illegal unit—are void, and the parties are not obligated to perform under that contract. Cal. Civ. … While the lease for an illegal unit may be unenforceable, a tenant can still be subjected to an attempted eviction.

What can’t a landlord do?

A landlord cannot refuse to rent to persons in a protected class. A landlord cannot provide different services or facilities to tenants in a protected class or require a larger deposit, or treat late rental payments differently. A landlord cannot end a tenancy for a discriminatory reason.

Can I sue apartment complex for noisy neighbors?

If your neighbor keeps disturbing you, you can sue, and ask the court for money damages or to order the neighbor to stop the noise (“abate the nuisance,” in legal terms). … The person you are suing is either creating the noise or is the landlord and therefore responsible. Your enjoyment of your home is affected.

What to do when you’re getting kicked out?

Contact Family and Friends. If you have family members or friends who you think might be willing to let you crash on the couch until you can go home or find a place of your own, call them. … Ask the Police For Help. … Research Your State’s Resources. … Keep a Positive Outlook.

How much can I get for pain and suffering?

For example, if you had $50,000 in medical costs and other hard costs, and your suffering was rated at about a 3, then the pain and suffering damages should come to about $150,000 (3 x $50,000 = $150,000).

Can my landlord evict me from an illegal apartment?

If the apartment they are living in is illegal, give told them to leave and won’t, then your best bet would be to report yourself to your local Bylaws Zoning office. An inspector will come out, deem the unit as illegal, fine you, and then legally evict the tenants.