subject: Grounds For Filing A Lawsuit Against Your Landlord [print this page] One of the responsibilities of a landlord is to ascertain that the property they are renting out is in habitable condition. Moreover, they are expected to respect the tenant's right to privacy and allow the occupant to have a quiet enjoyment of the dwelling. If the property is not in a good condition for human habitation or the landlord always interfere to the occupant's quiet enjoyment, the renter has a reasonable grounds for filing claims against the landlord.
Not Maintaining The Rental Unit You Are Occupying
The property owner is necessitated to maintain the rental unit in a perfect condition by complying with all the existing building, housing, health and safety codes. There are landlords who choose to hire a professional a property management company to carry out all the responsibilities of an efficient landlord. A hands-on property owner or the property management team should make certain that all the electrical, plumbing, heating and ventilating systems are working suitably. Not paying attention to the maintenance needs of the property can be considered as an apparent negligence on the side of the landlord and this gives the renter a strong reason to file claims against the property owner.
Unlawful Conducts Of The Landlord
A landlord cannot just change the locks of the unit, chuck out the doors and windows or shut off utility services and other amenities or terrorize the renters to do any of the forgoing actions with the purpose of evicting a tenant. In addition, a landlord cannot just get hold of a renter's personal belongings to recuperate the unpaid rent. The unlawful behavior of a landlord can be a strong reason for you to bring him to court.
Meddling With the Tenant's Privacy And Quiet Enjoyment
Even though the landlord owns the rental unit, he does not have the prerogative to break into the occupied unit and meddle with a renter's quiet enjoyment of the property. Therefore, a landlord must give the tenant a 24-hour notice before entering the residence unless there is an urgent situation. Besides, the landlord should not exploit their right of entry to skim through the premises, send packages or demonstrate the apartment to prospective renters or buyers. In case the landlord breach the tenant's right to quiet enjoyment of the property, the tenant has a cause of action against the property owner.
The Tenant Obtained Injuries Attributable To The Landlord's Negligence
Normally, a landlord is not legally liable for any setbacks that transpire on the rental unit since the landlord is not in charge of making the premises safe and sound. However a landlord can be held responsible if the injury or damage happened in a common area, the tenant acquired an injury due to hidden defect the landlord are already aware of yet failed to forewarn the occupant, the landlord performed the chore of doing a repair but failed to finish the repair with due care or the property are chartered for public use.
Other Resolutions
While the renter can continue paying rent in full and claim for money damages from the rental property owner to recompense the damages, other resolutions also exist. If the property no longer suits human habitation, the occupant can move out and terminate the lease. But the occupant also has the opportunity to do the repairs and take away the cost of refurbishment of the property from upcoming rent.
