A landlord and tenant relationship is usually a pleasant one as both parties are benefiting from each other. But sometimes conflicts can arise and you must know when to resolve issues normally or to take legal action.
If you are a tenant or about to be one soon, then you must know your rights as one. Just because you don’t own the property you live in does not give the landlord any right to treat in any wrong way especially if you are paying.
Here are 8 reasons on how you can take your landlord to court in Carrolton TX:
1. If your landlord asks discriminating questions
The Federal Fair Housing Act strictly prohibits any landlord from being discriminatory towards any potential tenant. Refusing to rent someone their property on the basis of color, race, nationality, religion, sex or disability is a serious crime and can make take one to court for these reasons alone.
If you are already a tenant and you have started to notice your landlord behaving in a discriminatory manner towards your or your family, then you have every right to take action. You must hire a good civil lawyer in Carrolton TX to take further action. Just make sure that you have solid proof that your landlord is being discriminatory.
2. Failing to make disclosures to you
Every landlord’s responsibility and duty is to tell their tenant everything regarding the property. This should include any mold growing in the property or any other details. After all, you are paying to live there so you have every right to know. What if things become worse and the landlord blames you for it?
Landlords should also disclose important information like if there are any sex offenders in the area especially if you are a woman and living alone or have kids with you. You should also be notified if there were any recent deaths or thefts in the area due to criminal activity. Federal law also requires all the landlords to tell their tenants if the rental property contains any lead based paint. If you are not sure what to ask your landlord then a civil attorney in Carrolton TX can guide you on what you need to know before you sign the rental agreement.
3. Not providing a safe property or rental unit
It is the landlord’s responsibility that the tenant is safe from any danger. It could be from things inside the rental or outside. Faulty electrical wirings, leaky faucets, damaged ceilings, walls or staircases are just some of the things that could be a potential threat for your safety.
Having a neighbor with anger management or violence issues, burglaries or sex offenders in the area are all dangers to a tenant. If the landlord fails to provide safety for the tenant especially after all the payments have been made and papers signed, then a legal action is a must be made I order to compensate for the damage or loss to the tenant.
4. Refusing to make repairs
If the rental agreement stipulates that the landlord will be taking care of the repairs and yet still refuses to do so then it is not your responsibility to do so. Even if the agreement doesn’t mention anything about repairs (which are unlikely) it falls automatically upon the landlord anyway.
If your landlord is forcing you to get the repair work done especially if something was bad to begin with and you had no fault in making it worse then you have every right to take legal action.
5. Disregarding your right to privacy
Your landlord does not have the right to invade your personal space (that includes the entire rental unit you are staying in) without giving you at least a 24 hour notice. When the landlord comes, he/she must ring the bell or knock before you give your permission to enter.
Landlords can’t just directly walk in the rental unit and try to sneak up on you as it violates your right to privacy. However, it is not important or required to give notice in case of some emergency. If you have noticed that your landlord has a bit of entering the property without notice more than once then you can either give a warning or take legal action against them.
6. You can’t be evicted without a notice
No matter what conflicts or issues you have with your landlord, without a notice you can’t be evicted out from the property. The eviction process requires a legal notice sent to the tenant and a termination notice of the rental agreement.
Every state has different laws regarding the eviction process so if you just get a verbal notice from your landlord then you shouldn’t leave. The eviction notice gives the tenant some time to figure things out and move into another space. It can’t just happen overnight.
If you find yourself in the midst of being kicked out or your landlord taking out your things without giving you any eviction notice then you have every right to sue the landlord. Just make sure you are not ignoring any eviction rules that were set in the rental agreement.
7. Keeping your security deposit
Security deposits are used in lease agreements for the landlord to use if there is any damage caused to the property. The landlord must then send an itemized bill to the tenant to show where the security deposit has been used. Security deposits are returned after the tenant leaves.
But if your landlord is not returning you the money or showing you the itemized bill of where it was used then you can sue for claiming back your money.
8. Showing inappropriate behavior
If your landlord is showing any sort of strange or inappropriate behavior towards you, then you must not be quiet about it just because you are afraid of being evicted. This will only give the landlord more boldness to try to take advantage of your silence. Hire a civil attorney in Carrolton TX immediately and take legal action against the landlord to prevent any future incidents.
Advantages of suing your landlord
Although it should not always be the first course of action, if you feel that it is high time your landlord must be sued then by all means do so. Here are some advantages if you take legal action:
- The landlord could be motivated to settle things outside court
- You get your monetary compensation or security deposit back
- Clear your name against an illegal eviction or false accusation made by the landlord
- Not being forced to leave if the court rules in your favor
These could all be done thanks to hiring an expert civil lawyer in Carrolton TX.
Is suing the best option for you as a tenant?
Suing might not always be the right path to settle a disagreement as it can make matters worse but you can at least get some proper knowledge and guidelines regarding your situation by consulting a seasoned civil attorney in Carrolton TX. If your lawyer agrees that you should sue then only then you can take further action, otherwise you will end up wasting your time, energy and money over nothing.
We hope that you have a smooth and cordial relationship with your landlord and should you feel your rights as a tenant being violated, you can always sue.