Sumário

Entre em contato com um especialista

    Landlord attorney near me

    landlord attorney near me

    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.

    Veja mais
    Bus accident lawyer

    Can you claim whiplash from a bus crash? Bus and coach travel in the UK is generally very safe. However, accidents involving buses and coaches can and do happen. Importantly, if they are caused by the negligence of the bus driver, the transport provider, another road user, or even a pedestrian, you may be eligible to make a bus accident claim for compensation. We specialise in personal injury claims including those made for road traffic accidents. If you contact our claims advisors, you’ll get free legal advice about your options during a no-obligation telephone consultation. If your advisor concludes a bus accident claim is viable, they could refer you to a personal injury solicitor from our team. We are ready to help you claim compensation for an accident on a bus or with a bus, so please get in touch on 0800 6524 881 if you’d like to start the ball rolling today. To learn more about bus accident compensation claims before contacting us, please continue reading. Anyone who has been involved in a bus accident and suffered an injury, as a result, could file a claim. This includes passengers on the bus, pedestrians, cyclists, drivers of other vehicles, and passengers in other vehicles involved in the crash. If the accident resulted in the death of a loved one, then the family or dependents of the deceased person may also make a fatal accident claim. If you approach a personal injury solicitor to claim compensation after a bus accident or bus crash, they will need to verify that there’s a chance your claim will be won before accepting it. To check that you have the grounds to make a bus accident claim, they’ll assess whether: The process of proving who is liable for a bus accident can be tricky. Therefore, in a later section, we’ll provide details of what evidence could be used to support your bus accident claim. Yes, if a child has been injured in an accident on a school bus through no fault of their own, a responsible adult such as their parent, guardian or carer can make a claim on their behalf. In the UK, children are not legally allowed to make a claim themselves, but an adult can act as their litigation friend in the claim process. If you contact us about your child’s accident on a school bus we’ll be happy to advise on what action against the bus company could be taken. As you may be aware, there are personal injury claims time limits when you seek compensation for a bus accident. In most cases, this will be a 3-year period starting from the date of the accident. One instance where the 3-year limit doesn’t apply is if your child is injured on a bus. In this case, you could make a claim for your child thanks to the litigation friend process so long as you begin before their 18th birthday. If you don’t, a claim is still possible but they will need to seek damages themselves before their 21st birthday. We believe it is best to start your claim as soon as you can regardless of the time limit. That’s because solicitors need to conduct various tasks before sending the claim to the court. What is the meaning of bus accident? busuk Your browser doesn’t support HTML5 audioYour browser doesn’t support HTML5 audio a large vehicle in which people are driven from one place … crashuk Your browser doesn’t support HTML5 audioYour browser doesn’t support HTML5 audio an accident involving a vehicle, usually a serious one in which the vehicle is damaged or someone … These examples are from corpora and from sources on the web. Any opinions in the examples do not represent the opinion of the Cambridge Dictionary editors or of Cambridge University Press or its licensors. Some reps would knock on doors after a bus crash and recruit claimants by getting them to sign forms and filling in the details later. If a man of about 30, earning about £10,000 a year, loses his life in a bus crash, his dependent wife and three children might expect to receive damages of about £100,000. The case was over a bus crash during the early years of the school. They are involved in a bus crash, which leads to her death. In 1970, a bus crash considerably damaged the outer fence and cracked an exterior wall. None of the subsequent posts, though, were reported to the extent that the above-mentioned bus crash was, until 2005. Akash soon receives the news of her death caused by a bus crash. The bus crash will be a disaster no one will ever forget. In the restroom, some have heard the young victims of a nearby school bus crash. What is another name for personal injury law? Personal injury law, or sometimes referred to as tort law, covers cases where a person is hurt or injured, as a result of someone else’s negligence. This is a form of civil law, which means one private party is suing another, unlike criminal law where the government prosecutes someone. What is defined as a personal injury? Personal injury means physical injuries, mental injuries, or property damage caused to you by another party’s negligence. This type of injury may allow you to file a personal injury lawsuit against the at-fault party to recover compensation for the negative financial consequences of their actions. Examples of personal injury claims include: If you decide to pursue the at-fault party for compensation in a personal injury insurance claim or lawsuit, you or your lawyer typically must be able to prove the at-fault party: If you can prove that the at-fault party’s negligence caused your injuries, they may owe you compensation for your damages. This compensation may be available to you via a personal injury claim with the at-fault party’s insurance company or a personal injury lawsuit. You may be entitled to recoup the cost of any medical care you received to treat

    Leia mais >
    Sexual harassment lawyer

    What is the first step if you are sexually harassed? If you are a victim of harassment, your first step toward resolving the problem should be to tell the responsible party to stop their offensive behavior. In some cases, if the responsible party is a reasonable person, they will stop such conduct and take corrective action. Which type of lawyer is best? Interested in a high-paying legal career? Learn about the highest-paid types of lawyers, their roles, and how our programs can help you achieve your career goals. In the wide range of legal professions, certain specializations stand out for their substantial financial rewards. The Colleges of Law is committed to training dedicated, ethical, and hardworking lawyers, skills required for success in these and other careers in law. The field of law is diverse, offering a multitude of specializations, each with its unique challenges and rewards. While all legal fields hold the potential for financial success and personal fulfillment, there are certain areas where lawyers, on average, tend to see higher earnings per year. As of 2024, the top five highest paid types of lawyers are: 1. Patent Attorneys 2. IP Attorneys This variation in earnings is influenced by factors such as specialization, geographic location, the complexity of the legal field, and the demand for specialized expertise. Some areas of law have emerged as particularly lucrative due to their complexity, the high stakes involved, or the specialized knowledge required. Patent attorneys are involved in protecting the intellectual property rights of inventions. Their work spans drafting and filing patent applications, advising on patent law, and representing clients in patent litigation. This field is ideal for those who are fascinated by law and technology, offering an exciting blend of innovation and legal expertise. Patent attorneys will find the Technology Professional Certificate program from The Colleges of Law highly beneficial. This program offers deep insights into areas like data security and blockchain technology, which are increasingly relevant in the rapidly evolving field of patent law. IP attorneys play an important role in protecting rights related to artistic and inventive creations. Their responsibilities include negotiating deals, drafting licensing agreements, and representing clients in IP disputes. As the digital and creative landscapes continue to expand, IP attorneys find themselves in a constantly evolving and high-demand field. IP attorneys will find our Entrepreneurship Professional Certificate to be invaluable. The program focuses on topics like emerging technology and the law, and building legal applications is crucial for IP attorneys working with startups and innovative companies. This certificate offers IP attorneys additional expertise to advise clients on the legal intricacies of launching and growing technology-driven businesses. How to charge someone with harassment in Ontario? This charge is becoming more commonplace than ever before in Ontario courts and carries a stigma that people will want to avoid. A criminal harassment conviction can make a person unattractive to potential employers and cause difficulty in trying to enter the United States. A finding of guilt for criminal harassment also carries with it a mandatory ten-year weapons prohibition. Prosecutors will routinely request DNA from criminal offenders to put on the Canadian DNA data bank. The consequences of a finding of guilt are severe, and it is recommended that people consult with an experienced criminal lawyer to determine the best course of action when faced with this type of charge. The Law Society of Upper Canada deemed Adam Weisberg to be a certified specialist in criminal law. High-profile cases featured in over 8 Canadian media publications. Specialized in defending 12 different practice areas in criminal defense. Services Toronto, Brampton, and Newmarket locations. Successfully defended repeated criminal offenders with each accused offense. There is a certain “creep” factor associated with the charge of criminal harassment. The media has generated an environment where people think “stalking” will always lead to killing or sexual abuse. Often the behaviour that leads to the charge falls short of the actual criminal definition. Sometimes it’s just “teenage angst” or other times it’s a complainant exaggerating what actually happened. Weisberg Law understands that not everyone charged with criminal harassment is a “stalker”. The following information has been prepared to give people a general understanding of criminal harassment law in Canada. It is recommended that a lawyer is hired whenever facing this type of charge to ensure that the advice given and received is current. Do not try to defend this charge without hiring a lawyer. The following activities will be considered criminal harassment (or “stalking”) by the courts: Following a person from place to place Repeatedly communicating with a person Watching or besetting the dwelling-house, or place where the other person resides, works, carries on business or happens to be Engaging in threatening conduct directed at a person To be found guilty of criminal harassment, the accused must either know or be reckless as to whether the complainant is harassed by one or more of the above-mentioned forms of conduct. Further, the complainant must reasonably in the circumstances have been fearful of their safety or the safety of someone known to them as a result of the conduct.

    Leia mais >
    Employment law attorney free consultation

    How do I get a free consultation with employment law in Virginia? Employment Law Lawyers and Attorneys in Virginia Call 800-672-3103 for a Free consultation. How do I get free advice from California Labor Law? Everyone always mentions employees need more rights, but little attention is placed on what rights employers are violating under California and federal law on a consistent basis. Employee rights are of course more important than ever in this economy. With fewer and fewer small business employing workers in California, big companies seem to have gained leverage and the ability to violate employee rights. One type of employee rights that are often at issue relates to wages and hours. In particular, the issue of labor law breaks has found its way to court in many recent employment law cases. Employees are entitled to a 30 minute uninterrupted meal break for every 30 hours of work performed for the employer. However, what if the employees waives this right to a meal break by signing a meal break waiver? Or what if the employee clocks out for a meal break but continues to work through the break because the company requires the employee to do so? These employee rights are currently hot topics in California employment law and the answers to these questions are uncertain as of now. Another hot topic about employee rights deals with discrimination in the workplace. What happens if a company fires an employee but gives a false reason for the termination? Is this considered a wrongful termination? Does this give rise to a viable claim for discrimination in the workplace? Under California discrimination laws, if employees prove that an employer gave a false reason for firing the employee, this does not necessarily mean that the employee rights were violated by the company. However, the company has to present another reason for why the employee was fired. If this reason is deemed discriminatory, the employee may have a viable discrimination claim. Employee rights relating to working conditions is another current topic in California employment law. In particular, the issue of whether employees are required to stand up for long periods of time without the ability to sit down in a chair. Recently, several lawsuits have been filed against employers who require employees to stand up in the retail industry. Do employee rights entitle the workers to sit down or are the workers required to stand up all day? At Blumenthal, Nordrehaug & Bhowmik, our lawyers have obtained more than $1.3 billion in judgments and settlements for employees and consumers whose rights have been violated by companies of all sizes, with a substantial portion of that amount recovered through class action litigation throughout California. Our experience with the identification and pursuit of workplace rights claims can help you recover compensation on an individual basis or as a member of a defined plaintiff class. For additional information about your litigation options under California labor laws, contact our employment lawyers in San Diego, labor attorneys in San Francisco or Los Angeles employment law lawyers for free legal advice. Blumenthal, Nordrehaug & Bhowmik enjoys a statewide reputation for excellence. How do I get a free consultation with employment law in Virginia? Employment Law Lawyers and Attorneys in Virginia Call 800-672-3103 for a Free consultation.

    Leia mais >