Can I Sue My Landlord?

Yes. You can sue your landlord. In most states, renters have very specific tenant rights. If the property manager or landlord fails to honor those rights during their tenancy, the tenant can sue their landlord. In some states, you may have to file your legal action in a special tenant court instead of a state or local court.

This article explains your options for taking legal action against your landlord. You can also talk to an attorney in your state about your situation. If you have exhausted other approaches like filing a complaint with the housing authority and sending a demand letter, working with a skilled attorney may be the next best step to protect your rights.

Grounds to Sue Your Landlord

You will need a reason or grounds for legal action against your landlord or the property owner. This is something the landlord or property manager did or didn’t do. For example, if you sustain an injury on the rental property due to your landlord’s negligence, this is grounds for a lawsuit.

Other grounds to sue your landlord include, but are not limited to, the following:

• Uninhabitable rental unit
• Housing discrimination
• Landlord negligence, including a failure to make necessary repairs
• Interference with the right to quiet enjoyment
• Illegal eviction
• Failure to return a security deposit
• Lack of accessibility features on the property

The Implied Warranty of Habitability

You have a right to live in housing that is:

• Safe
• Clean
• Decent

Many jurisdictions outline the requirements for habitability in their housing or building codes. These laws ensure you live in a home fit for human life that includes:

• Heat
• Hot water
• No lead paint
• No pest or rodent infestation
• Working electrical systems
• Working plumbing systems
• Working smoke and carbon monoxide detectors

Tenants have several remedies if their landlord or property management company does not make timely repairs. Tenants in some jurisdictions can use the "repair and deduct remedy" to fix the problem and deduct the costs from their monthly rent. They can report the landlord’s negligence to the local housing code inspector. If these remedies don’t work, they can file a lawsuit in small claims court for relief.

Housing Discrimination

Under state and federal law, it is illegal for a real estate professional to make an adverse decision based on a protected characteristic. The federal Fair Housing Act bans discrimination in real estate transactions on the national level. States also have fair housing laws that address housing discrimination.

Protected characteristics include, but are not limited to:

• Race
• Gender
• Sexual orientation/gender identity
• National origin
• Familial status
• Disability

Landlords and property managers can’t discriminate against those with disabilities. For example, a landlord cannot deny a rental application because the application includes a service animal.

Housing Discrimination Complaints

Renters facing housing discrimination can file a complaint with the federal government through the Department of Housing and Urban Development (HUD) or with their local department of housing. Often, renters must file file complaints with a government agency before they can file a lawsuit.

The agency will investigate the complaint. Depending on the investigation’s results, the parties can opt to go to court. If you go to court, it may help to hire a landlord-tenant attorney to advocate for your best interests.

Illegal Eviction

Eviction is a legal process through which landlords and property managers can legally remove a renter from a rental property. They can’t use self-help, like changing the locks or shutting off utilities, to remove a tenant. Instead, they must use the eviction process.

Typically, landlords need a reason to evict a renter. Common reasons for an eviction include, but are not limited to:

• Nonpayment of rent
• Criminal or illegal activity
• Lease violations

If your landlord has no reason for the eviction, you should determine whether you are facing a wrongful eviction. For example, under Maryland law, landlords and property managers cannot evict a tenant for filing a good faith complaint with a government agency. This applies to good faith complaints about serious threats to the tenant’s health or safety.

You can sue your landlord in state or small claims court for an illegal eviction.

Failure to Return Your Security Deposit

Most renters give their landlords a security deposit before they move into the rental unit. A security deposit offers financial protection for your landlord if you:

• Damage to the rental unit beyond normal wear and tear
• Nonpayment of rent
• Cleaning the rental unit

By law, landlords must return the security deposit within a specified amount of time after you move out. Renters should provide a forwarding address and phone number for the security deposit return. Check your rental or lease agreement for more specific information on forwarding information.

The Right To Quiet Enjoyment

You have the right to quiet enjoyment in your rental property. You can enjoy your place without interference from your neighbors or your landlord. Your landlord can only enter your rental unit with reasonable notice.

They can also enter the rental unit for reasons under your state laws and the rental agreement. For example, some rental provisions have a clause with rules for landlord entry. If your landlord violates this right, you can sue them to prevent them from repeating this conduct.

Alternative to Lawsuits Against Your Landlord

Suing your landlord is an expensive proposition. You will have to pay costs, including the following:

• Filing fees
• Attorney’s fees
• Other court costs

Suing your landlord can be costly, and you will likely pay a lot of money, including filing and attorney’s fees. So, finding other ways to resolve the issue before you take the matter to court is better.

A demand letter is one way to do this. You can explain the issue to your landlord and allow them to rectify it before going to court.

Take Action Against Your Landlord: Get Legal Help

You have a legal right to sue your landlord if they violate your rights or landlord-tenant law. An experienced landlord-tenant attorney can evaluate your case and give sound legal advice. Speak to a local landlord-tenant attorney today.