Can You Sue Your Landlord For Emotional Distress?
If you needed to, would you know where to start? There are circumstances where you can sue your landlord for emotional distress if you have the know-how.
In this post, we will explain how emotional stress can be further aggravated by the home or apartment you are renting. Then we will show you how against your landlord!
Reading this you will learn:
- What kind of things can be used in a lawsuit against your landlord
- Some legal terms that may come up
- How to use DoNotPay to help
Emotional Distress and the Rental You Live In
Rental laws do vary quite a bit from state to state. That being said, every state has pretty much the same laws a landlord must abide by to provide the renter with a habitable living space that he or she must allow the renter to live in without any interference.
If your landlord breaches either of those attributes you may be able to sue your landlord for damages up to and including emotional distress.
Upon investigation of your claim against the landlord, if it is evident that the rental unit is not up to suitable living conditions, your claim of emotional distress can easily be won! Your landlord must maintain a habitable dwelling for you to rent and one that is labeled as 'poor living conditions will not be tolerated in a court of law allowing you to sue your landlord for emotional distress.
The maintaining of habitable living space and allowing the space to be occupied without interference is known as 'The Warranty of Habitability and the courts hold this warranty in high regard even though it is an implied warranty that is agreed to by the landlord without any documentation or signatures.
Breaching the Implied Warranty of Habitability
This implied warranty of habitability is considered to be breached if the tenant reports things to the landlord and the landlord does not repair the items promptly. A landlord that has breached the warranty of habitability is subject to being sued for poor living conditions which can also lead to emotional distress.
The warranty of habitability provides the basic needs of a rental, including electricity, running water, and a source of heat. If any one of these items is not provided to the renter, the landlord is considered to be in breach of the warranty of habitability, and he or she can be sued.
This warranty also covers necessary repairs. If your landlord refuses to fix an item he is in breach of the warranty of habitability and can be sued.
Emotional Distress Damages | Emotional distress damages are a dollar figure that is attached to the victim's claim of emotional distress. Often this amount and this cause are seen more in a personal injury lawsuit, but this distress can be brought on by certain conditions that the landlord has caused and therefore is his responsibility in the amount the judge deems suitable for emotional distress damages. |
Emotional Distress in a Landlord-Tenant Argument | If it is discovered that the landlord's actions were done to intentionally cause emotional distress, and this can be proven in a court of law, the judge in your case could award you the highest dollar figure allowable by law. |
The laws regarding emotional distress in a rental agreement with a landlord will need extensive documentation and possibly the word of a few witnesses when the case is heard by a judge. But, wouldn't it be nice to get your lawsuit started by just answering a few questions and supplying some basic information about your emotional distress case?
There is a way, and we are going to show you that way right now!
How to Use DoNotPay to Begin Your Emotional Distress Lawsuit Against Your Landlord!
DoNotPay is designed to level the playing field and make issues like your emotional distress case easy to manage and fast to get started! If you need to sue your landlord for emotional distress, DoNotPay is your go-to platform for getting results fast!
DoNotPay is here to guide you through it and file your disputes on your behalf. Our Landlord Protection product can help you:
- Get back your security deposits
- Learn about your state's eviction laws and what protections apply in your case
- Resolve disputes regarding repairs with your landlord
- Resolve disputes with roommates by filing demand letters or going through small claims court
- Break your lease early
How to Begin a Lawsuit Against Your Landlord Using DoNotPay:
If you want to file suit against your landlord but don't know where to start, DoNotPay has you covered in 4 easy steps:
- Search for and open the Landlord Protection product on DoNotPay.
- Select which issue applies to you.
- Answer a simple set of questions, so our chatbot can collect the necessary information to create your demand letter.
- Choose whether you want DoNotPay to send the demand letter to your landlord or roommate on your behalf. If you already tried sending a demand letter, and it didn't work, we can help you start the small claims court process.
And that's it! You should hear back from your landlord directly once your demands are sent.
What Are Some Other Landlord Issues I Can Solve Using DoNotPay?
DoNotPay is your one-stop information hub for just about any landlord issue you can think of! Look at these other landlord related-issues you can solve by using DoNotPay!
- Getting your security deposit back
- Evict your roommate
- My landlord is threatening to evict me
- Letter to the landlord about repairs needed
- Can I be evicted without notice
- How long can my ex-landlord hold my security deposit?
- Renter's rights
- File a complaint against your landlord
- Landlord repair responsibility
- Sue landlord for deposit
Why not let DoNotPay show you how easy it is to today!