Can you take a landlord to court?
Take a landlord to court for things they are not correcting and serve them with papers?
Answer:
Yes, you can make documentation of the things that you have asked your landlord to take care of and then take photographs the type that are processed and have the date and time on the back of them. Make sure you have in writing the details of the things that are not done or completed and how they are a hazard to yourself, family and or friends. Take this and file in small claims against the landlord and please be prepared to move out in case they start harrassing you over your lawsuit.
AS A RETIRED SENIOR, WHO IN THE PAST OWNED, AND DID RENT SOME HOMES OUT, YES YOU CAN !!
I NEVER HAD ANY ONE EVEN THREATEN ME WITH ACTION, HOW EVER I KNEW A FEW LAND LORDS WHO DID.
I DO ADVISE YOU TO SEEK SOME REAL LEGAL ADVISE! " CURB STONE" LAWYERS WILL SINK YOUR BOAT, FASTER THAT YOU CAN GET ABOARD.
Uncle Wil
Yes, but there is a process to follow. First in a letter document all of the issues you have. Mention in the letter that if all issues are not resolved within the next four weeks that you will pursue legal action.
Send the letter via registered mail. That way the landlord will have to sign receipt of the letter. You will also know when he\she received the letter at which point you can start counting the four week period.
At this point it is up to you. If he\she does not respond or responds negatively you can pursue legal action. You have proof that you made reasonable requests for repairs, and that you provided sufficient time for those repairs to be addressed.
Good Luck and hopefully you can avoid the legal route.
First, read your lease carefully! Most leases now days have a tenant responsibility for repairs under a certain dollar amount. The landlord will contend that there are a lot of little things that you let deteriorate that were your responsibility to fix and because you failed to be a good tenant and take care of these issues, he has no choice but to evict you and keep your security deposit to take care of these things.
Your defense for that is to have reputable service providers give you estimates for the repairs or stick to issues that are specifically his responsibility such as foundation, structural and roofing systems, major appliances etc.
As with any tenant-landlord situation, document everything you talk to your landlord about, including date, time and agreed to resolution and follow-up documentation as to whether the agreed to resolution was accomplished or not. If the issues are of such a nature to lend themselfs to photo documentation of their condition, take pictures. Make sure you keep documentation of any inspections done by the landlord or his agent and document all funds paid to the landlord annotated with their purpose (rent, deposit, pet-deposit, etc). Keep records of any repairs that you accomplish or contract to be accomplished along with the associated costs.
Most jurisdictions have a housing office and they can provide you with a copy of the Tenants Rights in your state or municipality. Make sure you get one and know what the laws are. Also, be aware that if you start legal action against the landlord, chances are your action will soon be followed by an eviction notice from him...be prepared to move.
Most landlords want to maintain their property to protect the value of that asset. Granted, they may not put in the quality of materials that they would use in their own home, but that is because, unfortunately, a lot of renters just don't take care of the property.
My recommendation is to either move or let your landlord know that you are the exception, the renter that truely wants to take care of his property and your home. Let him know that you not only want to have a well maintained home for your family's comfort and safety, but want to maintain the condition and value of his property. You know what they say, you can catch more flies with sugar than with vinegar.
Final note (ya, I know, thank God), if everything is well documented on how he is not maintaining his responsibility under the lease, you need to send him a registered letter with a thirty day notice of your intent to move and copies of your documentation of why, and state that the letter is service of demand for return of all deposits in accordance with state law. He may just ask you not to leave and promise to take care of those things. Nothing is more costly to a landlord than an empty unit, and depending on the housing market in your area vacancies can be empty for a long time. If it ultimately does come down to taking legal action, I highly encourage you to get REAL LEGAL ADVICE FROM A LAWYER familiar with real estate law in your state. GOOD LUCK!
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