Top Reasons Tenants Sue their Landlord  

Reasons Tenants Sue their Landlord

One of the most significant drawbacks property owners have to deal with is tenants’ complaints and conflict. It’s not uncommon for tension to start brewing, but while some problems are easily resolved with proper communication, others could boil over into a messy court battle.

Being a landlord takes a lot of work, and it might seem unfair to get slapped with a lawsuit after all the effort you put into your property. However, there are legitimate reasons for tenants to sue their landlords. That’s why it’s essential to work with a company that understands local laws and can help avoid these situations before they escalate. Check out these common reasons tenants might decide to sue their landlord.

1.  Participating in Housing Discrimination

Before you even sign a binding agreement, a potential tenant could sue you for housing discrimination. Discrimination is a costly offense, and landlords that violate Federal Fair Housing Acts could be facing severe legal action. Although most real estate experts recommend a thorough screening before accepting an application, some misguided questions could land you in trouble.

Owners must abstain from asking prejudicial questions regarding sex, race, color, national origin, disability, familial status, or religion. That said, the list of protected classes may vary from state to state.

One of the perks of working with a real estate attorney is that they can offer more clarity on housing discrimination laws. Aside from asking inappropriate questions, other discriminatory actions include requiring a co-signer when unnecessary, demanding a higher security deposit, or denying an application without apparent cause.

2. Adding Illegal Clauses to Your Rental Agreement

Some landlords might tweak the standard lease to exercise more control over their rental property and consequently, their tenants. While there is no universal rule for what to include in a lease, it generally covers all rights and responsibilities of each party. For instance, as a landlord, you are responsible for making repairs and maintaining a standard of habitability.

Thus, any contract that requires your tenants to sign away the right to request or receive reimbursement for repairs is void. As a rule of thumb, owners cannot insert anything illegal, or that may violate any local, state, or federal landlord-tenant laws. If you never signed a rental agreement before, and you’re not sure what are the basic stipulations, definitely read through one of the online agreement templates first.

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3. Violating Tenant Rights

Violating a person’s civil rights is one of the many reasons your tenant can sue you. There are clear guidelines within national and state landlord-tenant laws that outline the rights of both parties, especially tenants. For instance, even though the property technically belongs to you, your occupants are still entitled to privacy.

That said, it is illegal for landlords to enter a leased unit without first notifying the renter. The only exception to this notice period would be in the event of emergencies such as a fire, flood, or gas leak. You just can’t simply let yourself in whenever you please.

4. Breaking State Security Deposit Laws

Another reason a tenant might sue is for breaking the state’s security deposit laws. It’s common for landlords to request a security deposit, which is a fee that covers damages the property might incur during a tenancy.

However, at the end of the lease, a tenant is entitled to the balance of their security deposit back. Moreover, you could get in trouble trying to exaggerate the necessary deductions. Also, owners cannot attempt to charge over the legal security deposit limit, which is typically equal to 1 to 2 months rent. Always be sure to properly document any deductions and return the remaining deposit within the legally allotted timeframe after move out.

5. Sustaining an Injury on the Property

Accidents happen, and sometimes they occur on a rental property. However, tenants can sue when they can directly link their landlord’s negligent actions to their injury. After all, renters have a right to feel safe in their homes. For example, if you postpone fixing a broken step or replacing the bulb in a corridor, your tenant could trip and fall. In such a scenario, they could file a lawsuit and claim damages for their medical bills and pain and suffering.

6. Starting an Illegal Eviction Process

You could have justifiable cause to evict a tenant who isn’t paying rent or complying with their end of the rental agreement. However, that doesn’t mean you can tell your tenant to pack up and leave the premises.

While these situations are frustrating, landlords cannot take evictions into their own hands. Instead, this is a legal process with many steps that must be followed carefully. If you fail to adhere to any of the proper guidelines, your tenant could countersue and the eviction could be further delayed.

Conclusion

Unfortunately, ignorance does not absolve us from the consequences of our actions. Even with good intent, rental owners could easily step out of line and wind up with a lawsuit. Thus, we hope you find this article on the top reasons tenants sue their landlords helpful in avoiding some of these costly issues. if you need help avoiding rental disputes and staying out of legal trouble, contact a reputable property management group today.