Legitimate Reasons You Can Sue Your Landlord (And Win)

Renting a property comes with rights and responsibilities for both tenants and landlords. While many landlord-tenant relationships are smooth, disputes can arise when landlords fail to fulfill their legal obligations. If you’ve tried resolving issues with your landlord and they haven’t taken appropriate action, filing a lawsuit might be your best option.

This blog explores legitimate reasons you can sue your landlord, common legal grounds for winning, and tips for building a strong case.

1. Failure to Make Necessary Repairs

Landlords are legally required to keep their rental properties habitable. This means providing basic necessities like heat, running water, and a structurally sound property. If your landlord fails to address necessary repairs despite your repeated requests, you may have grounds to sue.

Examples of Necessary Repairs:

• Broken heating or air conditioning
• Plumbing or water leaks
• Unsafe electrical wiring
• Pest infestations
• Mold or mildew caused by negligence

To strengthen your case, document the problem and your attempts to get the landlord to fix it, such as emails, letters, or text messages.

2. Violations of Health and Safety Codes

Landlords are required to comply with local and state health and safety regulations. If your rental property violates these codes, it could put your health or safety at risk, giving you a reason to take legal action.

Common Health and Safety Violations:

• Lead paint hazards
• Asbestos exposure
• Unaddressed black mold
• Lack of smoke detectors
• Structural issues like collapsing ceilings or stairs

Report safety violations to your local housing authority, as their findings can provide evidence for your lawsuit.

3. Illegal Evictions

Your landlord cannot evict you without following the proper legal process. If your landlord tries to force you out by changing the locks, turning off utilities, or removing your belongings without a court order, this is considered an illegal eviction (also known as a “self-help eviction”).

In such cases, you can sue for damages, including the cost of finding temporary housing or lost wages due to the disruption.

4. Security Deposit Mismanagement

Landlords must handle security deposits according to the law, which often includes:

• Storing the deposit in a separate account.
• Returning the deposit within a specified time frame after you move out.
• Providing an itemized list of deductions if any portion of the deposit is withheld.

If your landlord withholds your security deposit unfairly or doesn’t follow proper procedures, you can sue to recover the amount and, in some cases, additional damages.

5. Discrimination

Landlords are prohibited from discriminating against tenants under the Fair Housing Act and similar state laws. If you’ve been denied housing or treated unfairly based on race, religion, gender, disability, familial status, or national origin, you may have a strong case against your landlord.

Examples of Housing Discrimination:

• Refusing to rent to you because you have children.
• Charging higher rent based on your ethnicity.
• Denying reasonable accommodations for a disability.

File a complaint with the U.S. Department of Housing and Urban Development (HUD) or your state’s fair housing agency to document the discrimination before suing.

6. Breach of Lease Agreement

Your lease is a legally binding contract, and your landlord must honor its terms. If your landlord violates the lease—for example, by failing to provide amenities included in the agreement or trying to raise rent illegally—you can sue for breach of contract.

Examples of Lease Violations:

• Refusing to fix included appliances.
• Entering your property without proper notice.
• Cutting off utilities included in the lease.

Keep a copy of your lease and all correspondence to prove the breach occurred.

7. Retaliation

Landlords cannot retaliate against you for exercising your legal rights, such as:

• Filing a complaint with the housing authority.
• Reporting unsafe living conditions.
• Joining a tenants’ union.

If your landlord raises your rent, files for eviction, or otherwise punishes you for asserting your rights, you can sue for retaliatory actions.

8. Harassment or Privacy Violations

Your landlord is not allowed to harass you or invade your privacy. Common examples include:

• Entering your unit without proper notice.
• Repeatedly visiting or contacting you in an intimidating way.
• Threatening you or your family.

If you feel unsafe or harassed by your landlord, document their behavior and consider filing a lawsuit for emotional distress or violations of your right to privacy.

Tips for Building a Strong Case Against Your Landlord

1. Document Everything:
   • Take photos or videos of unsafe conditions or unaddressed repairs.
   • Keep records of all communications, including texts, emails, and letters.
   • Save receipts for any expenses related to the issue, such as hotel stays or repair costs.
2. File Complaints First:
   • Report health and safety violations to your local housing authority or tenant advocacy group.
   • File a complaint with HUD if discrimination is involved.
3. Know Your Rights:
   • Familiarize yourself with tenant laws in your state to ensure your claim is valid.
4. Hire an Attorney:
   • A lawyer specializing in landlord-tenant disputes can guide you through the legal process and improve your chances of success.
5. Act Promptly:
   • Many landlord-tenant disputes have statutes of limitations, so don’t delay in pursuing legal action.

What Can You Recover in a Lawsuit?

If you win a lawsuit against your landlord, the court may award you damages for:

• Cost of repairs or temporary housing
• Withheld security deposit
• Emotional distress
• Punitive damages for severe violations
• Attorney’s fees in some cases

Conclusion

Suing a landlord isn’t a step to take lightly, but it’s sometimes the only way to protect your rights and hold them accountable for their legal obligations. If your landlord fails to address critical issues, engages in illegal behavior, or violates the terms of your lease, you have legitimate grounds to take legal action.

If you’re unsure whether you have a case, consult with an experienced tenant rights attorney. They can help you navigate the process and ensure you get the justice you deserve.