Finding yourself in a dispute with a landlord can be a very personal thing. Not only are you at risk of the landlord refusing to return your deposit or coming after you for more, but in some circumstances they might sue leaving you without a home. So when you start to see your relationship with your landlord breakdown, here are five things you want to pay close attention to:
1) LOOK AT THE CONTRACT. Break out your lease and all of the addenda and look for where you might be at risk. Do they have particular rules about moving out? Do they require the loser or the tenant to pay attorneys’ fees? Do they allow jury trial, or require arbitration? These are all concerns that can shift the risk you face when confronting your landlord over their misconduct. You’re going to want to plan around whether you end up on the hook for the landlord’s expensive attorney if the ruling doesn’t go your way. Understanding your contract can give clarity to your best options moving forward.
2) PUT IT IN WRITING. You may feel like you’ve given them plenty of warning about the leaky roof, but was it all over the phone and in-person? Make sure that you have a clear email that requests the fix you need. Then make sure that they have an opportunity to fix it after that email before you do anything. It may be absolutely clear from your perspective that they are refusing to do proper maintenance, but it will be hard to remember exactly what you told them and exactly when. Emails help to show a court clearly what was said and when. You don’t want to find yourself in court without any evidence of the many overlooked needs or long wait times for fixes.
3) DON’T NOT PAY YOUR RENT. It’s almost instinctive, when dealing with a recalcitrant landlord, to decide to withhold a portion of rent that corresponds to the mistakes your landlord has been making. But, rent withheld can just lead to a Rent and Possession lawsuit, where the judge is only asked whether you have or have not paid rent before deciding to evict you. A Rent and Possession lawsuit does have its defenses, like the deduct-for-repairs law and the Warranty of Habitability. These exceptions, though, are very specific. Take the deduct-for-repairs defense: you have to be careful that you only deduce less than one month per year and only after 14 days’ notice and so forth. There are much more advantageous positions from which to negotiate with your landlord. If you take careful notes of the mistakes the landlord makes, move out on your own time, and then file a suit when you are living in a safe place, you will find yourself getting much better results.
4) GIVE PEACE A CHANCE (FOR NOW). You may feel like the landlord’s declared war. If so, you want to bide your time and wait until you’re in an advantageous position. Your landlord probably has an eviction attorney on speed-dial. The lawyer he doesn’t use as much is a contract-defense attorney. They are used to showing up in court telling the judge why someone needs to be thrown out on the street, but they aren’t used to showing up in court to be cross-examined on why they failed to take good care of somebody’s home. If you can stomach it, waiting until you’ve moved out of a poorly-maintained home or apartment will lead to a very satisfying time where you get to hold your landlord accountable for the job they did working for you. Because, technically, the landlord works for you.
5) GIVE YOUR FORWARDING ADDRESS. A landlord must return the security deposit or a written itemized list to you, the tenant, within thirty days of the termination of the tenancy, or pay double the amount wrongfully withheld. They only have to send it to your last known address, however. So, if they withhold your security deposit, but they don’t know where to send it, then you’re going to have a little more difficulty in receiving just compensation. Security deposits are frequently a source of friction between landlords and their tenants who have moved out. It is important to know your rights.
If you aren’t sure what to do or find yourself in a legal battle with your landlord, reach out to Donner Applewhite. We are here to help you understand your rights, interpret your contract, and navigate you out of this frustrating situation. Call us today at 314-678-1176.