What’s the most I can sue my landlord for?
Lawsuits against landlords are one of the most common types of lawsuits we see filed in California small claims courts. In this guide, we go over common types of small claims lawsuits against landlords, step by step guide on how to sue your landlord in California small claims, and what to expect at the small claims hearing. Did you know JusticeDirect can help you navigate small claims against your landlord? Learn more.
Maximum amount you can sue for: $12,500
Most common types of lawsuits: Security deposits, property damage, or unsafe or unsanitary conditions.
How long does the process take: Most California courts are scheduling hearings around 30-75 days from when a lawsuit is filed. Virtual hearings are also available in some counties.
Costs: $0-$75 court fees. $0-$125 serving costs. If you are low-income, the court will waive your court fees and serving costs.
Lawyers: You cannot have a lawyer represent you at the small claims hearing. Your landlord can’t either, as lawyers are not allowed to represent the parties in small claims hearings.
We often receive the question, can I sue my landlord in California small claims? The answer is yes, as long as the dispute is for $12,500 or less.
Here are some reasons tenants file small claims lawsuits against landlords:
- Security Deposits
- Personal Property Damage
- Unsafe or Unsanitary Conditions
- Wrongful Eviction or Lockout
Case Facts
An Orange County small claims lawsuit was filed against a landlord for keeping a portion of the tenant’s security deposit. The former tenant sued for a total of $2,486, which was the amount withheld from the security deposit. The court awarded the former tenant the full $2,486 they were seeking, plus an additional $90 in court costs. It is unclear from the court’s decision why they awarded this amount.
An Orange County small claims lawsuit was filed against a landlord for failing to return a security deposit, and bad faith penalties under California Civil Code sec. 1950.5. The former tenants sued for a total of $10,000. This amount included the security deposit, as well as bad faith penalties.
When can a tenant sue a landlord in California?
In California, your landlord has a duty to provide you with a safe place to live free from interference or harassment. If you are experiencing poor living conditions, dealing with mold, bed bugs, rodents, or if your place needs repairs you may have grounds to sue or file a petition with the Rent Board. If your landlord is harassing you, this too may provide a basis to sue your landlord.
Before you can bring a lawsuit or move out you will need to document the problem. If you are dealing with serious issues with your housing the first step is to inform your landlord. If your landlord doesn’t know you’re having problems it makes it much harder to hold them accountable for the issues. As we have mentioned before, making requests in person or by phone is fine, but you should ALWAYS put those requests in writing as well. Letters and emails are better than text messages.
In addition to informing your landlord, be sure to take photos and videos. For issues like mold or really bad living conditions consider getting mold testing done and contacting the applicable city agencies to come and inspect. Keep copies of everything you send or receive from your landlord. Without evidence it’s your word against theirs. This will also make it easier to find a lawyer willing to take your case.
Lawsuits are not fun and can take over a year to resolve. Before escalating the situation make sure you have tried to get your landlord to resolve the issue directly. Again, this means making sure your landlord is on notice of the problem at hand. If the relationship is beyond repair or you feel uncomfortable trying to discuss the issue further with your landlord, consult a lawyer first to discuss potential strategies.
If you’ve asked your landlord repeatedly to address the issues and they continue to refuse or ignore your requests, it’s time to prepare your case.
There is no “right” time to hire an attorney. However, if you aren’t sure how to deal with a problem or want assistance strategizing to protect yourself it can be extremely helpful to talk to a tenant attorney especially if you are considering moving out because of the problems. If you do feel like you have no choice but to take legal action, be sure the person or firm you hire is a dedicated tenant’s rights lawyer. Some firms out there claim to be tenant advocates but also help landlords evict tenants, while other firms primarily practice other types of law. Landlord-tenant laws are highly specialized and differ greatly not just based on the state you live in but on the city.
How much does a tenant lawyer cost in California?
Tenant attorney fees vary based on experience level and location, but generally run $200-$500 per hour. We may work on flat fees, hourly billing, or contingency, depending on your case details.
What’s the most I can sue my landlord for?
Lawsuits against landlords are one of the most common types of lawsuits we see filed in California small claims courts. In this guide, we go over common types of small claims lawsuits against landlords, step by step guide on how to sue your landlord in California small claims, and what to expect at the small claims hearing.
Did you know JusticeDirect can help you navigate small claims against your landlord? Learn more.
Maximum amount you can sue for: $12,500
Most common types of lawsuits:
- Security deposits
- Property damage
- Unsafe or unsanitary conditions
How long does the process take:
Most California courts are scheduling hearings around 30-75 days from when a lawsuit is filed. Virtual hearings are also available in some counties.
Costs: $0-$75 court fees. $0-$125 serving costs. If you are low-income, the court will waive your court fees and serving costs.
Lawyers: You cannot have a lawyer represent you at the small claims hearing. Your landlord can’t either, as lawyers are not allowed to represent the parties in small claims hearings.
We often receive the question, can I sue my landlord in California small claims? The answer is yes, as long as the dispute is for $12,500 or less.
Here are some reasons tenants file small claims lawsuits against landlords:
Security Deposits
Examples:
- Landlord didn’t return your security deposit.
- Landlord acted in bad faith when returning your security deposit.
- Landlord deducted for more than wear and tear.
Personal Property Damage
Your landlord damaged your personal property, like your couch. As a result of your landlord’s negligence, your property was damaged.
Unsafe or Unsanitary Conditions
You spent money removing roaches, mice, rats, mold, etc. For example, under California Civil Code Sec. 1941, landlords who wish to rent out buildings to tenants must ensure the building conditions are fit for tenancy. If landlords neglect to make necessary repairs as provided under the laws of their state, you as a tenant, may have a claim against your landlord in small claims court for negligence for any money you spent resolving the unsafe or unsanitary conditions.
Wrongful Eviction or Lockout
Your landlord changed the locks without following the correct procedure to evict you.
Case Facts
Case Outcome
An Orange County small claims lawsuit was filed against a landlord for keeping a portion of the tenant’s security deposit. The former tenant sued for a total of $2,486, which was the amount withheld from the security deposit. The court awarded the former tenant the full $2,486 they were seeking, plus an additional $90 in court costs. It is unclear from the court’s decision why they awarded this amount.
An Orange County small claims lawsuit was filed against a landlord for failing to return a security deposit, and bad faith penalties under California Civil Code sec. 1950.5. The former tenants sued for a total of $10,000. This amount included the security deposit, as well as bad f.
What is lessor negligence?
It is black-letter law that an employer is generally not responsible for the negligence of an independent contractor. But a litany of exceptions follows this otherwise simple rule. In particular, a lessor of land is liable for the negligence of a subcontractor hired to perform repairs that the lessor undertook voluntarily or under a duty.
In Damron, the eponymous lessor agreed to replace the deteriorated roof of the building he leased to Anthony, per the lease’s terms. The contractor improperly sealed the portion of the roof that he replaced on the first day and overnight rain damaged $15,000 worth of store merchandise. Anthony eventually sued Damron for negligence. Damron responded that any negligence was that of the independent roofing contractor, which insulated her from responsibility. The jury found for Anthony and awarded all his damages.
Damron appealed arguing, inter alia, that she was not liable as a matter of law for the independent contractor’s negligence. Citing Restatement (Second) of Torts §§ 419-420, the court of appeals disagreed.
These two sections essentially state that the lessor’s duty to repair, when it arises either by contract or by voluntary undertaking, is non-delegable:
§ 420. Repairs Gratuitously Undertaken by Lessor. A lessor of land who employs an independent contractor to make repairs which the lessor is under no duty to make, is subject to the same liability to the lessee, and to others upon the land with the consent of the lessee, for physical harm caused by the contractor’s negligence in making or purporting to make the repairs as though the contractor’s conduct were that of the lessor.
The court first held that even though these two sections spoke of “physical harm,” it saw “no logical reason” to differentiate between “harm to the lessee’s person and property,” and that it would apply these sections to both. It also noted that “Texas has long followed” the principles enumerated in §§ 419-420.
In Dalkowitz, a case with facts substantially identical to Damron’s, the Texas Court of Civil Appeals held, in 1908, that the independent contractor is the landlord’s [sic] representative from the tenant’s perspective and cannot relieve the landlord of responsibility. The Damron court reasoned that “The basis of liability in the foregoing cases is the assumption of a duty by the landlord to perform a particular act for the tenant. Whether the duty is assumed gratuitously or by contract, the landlord has primary liability for discharge of the duty and cannot insulate himself from the negligent discharge of the duty by his independent contractor.
Applying these principles to the facts of the case, the court overruled Damron’s point of error and affirmed the judgment of the trial court in favor of Anthony, the lessee.
[1] Restatement (Second) of Torts § 409.
[2] Restatement (Second) of Torts §§ 41
Can I sue my landlord for negligence in NYC?
If you are injured by a property defect, such as a loose stair or a broken light, you should take legal action against the negligent landlord.
Can I sue my landlord for negligence in Pennsylvania?
Under Pennsylvania law, landlords have a duty to provide a reasonably safe environment for their tenants, tenants’ guests, and those who come onto the property for other purposes, such as postal or utility workers. This duty does not extend to every area of a rental property, but to common areas, such as:
- Walkways
- Lobbies
- Elevators
- Stairwells
In general, there are three kinds of situations when a landlord will be liable for a tenant, guest or other party’s injuries which occur at a rental property like an apartment complex: reasonably foreseeable criminal activity, slip and falls, and other negligence issues.
Landlords can be held liable for criminal activity on a rental property, if that criminal activity is either one, made easier by the landlord’s negligence, or two, the landlord fails to warn tenants of known criminal activity on or near the property. In the first scenario, a landlord who fails to provide proper locks on doors and windows could be held liable if a criminal gains entry into a door or window with faulty locks. In the second scenario, a landlord could be held liable for failing to warn tenants, guests and others of criminal activity on or near the premises. For instance, if an apartment complex is subject to a rash of violent robberies and the landlord knows or should know about the situation, yet fails to warn tenants, the landlord could be held liable for subsequent criminal activity.
Landlords who fail to reasonably maintain common areas may be held liable for slip and falls or trip and falls. Whether due to snow and ice issues or other issues such as water left on a walkway, landlords can be held liable for injuries to tenants, guests and others on the property.
In addition to slip and fall related negligence, landlords can be held liable for various other negligent acts or omissions, such as mold exposure or carbon monoxide poisoning. Under Pennsylvania law, landlords can be held liable for negligent maintenance in the care and control of the property.
If you’d like to have your case reviewed by our Philadelphia, Pennsylvania defective premises and landlord liability lawyers, call 215.925.4451. Our lawyers are available for a free, no obligation legal consultation.
Related Pennsylvania Landlord Liability Legal Articles:
The defective premises lawyers at Schwartz & Blackman handle cases in the Pennsylvania and New Jersey area.
*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.