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North Dakota Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession

State:
North Dakota
Control #:
ND-1016LT
Format:
Word; 
Rich Text
Instant download

Description

This form covers the subject matter described in the form's title for your State.This is a letter written by the Tenant to the Landlord explaining that the law generally provides that as Landlord he/she may regain possession of the leased premises in accordance with the terms of the lease by Tenant surrendering possession, or by appropriate court action, or based on Tenant's abandonment of the property. This letter is designed to put Landlord on notice that he/she is not permitted to use other illegal means to gain repossession of the premises.

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FAQ

Injury at Rental Property: You could have a case for a lawsuit against your landlord if you are injured at the rental property due to a landlord's neglect. Filing an Illegal Eviction: You can countersue your landlord if you feel your landlord is trying to evict you illegally.

The landlord had a duty to reasonably maintain the property; The landlord knew or should have known of the dangerous condition; The landlord breached their duty by failing to repair/fix the dangerous condition;

Can I sue in Small Claims Court for emotional distress or lost wages? No. There must be a specific section of landlord-tenant law or a written agreement that has been violated in order to use Small Claims Court, and you can only sue for money owed to you. You cannot sue to force the landlord to do something.

Your landlord discriminates against you. Your landlord takes your security deposit illegally. Your rental unit is inhabitable. The property owner interferes with your right to quiet enjoyment. Your landlord fails to make the necessary repairs.

If you think your landlord is violating the Fair Housing Act, you can get that landlord in trouble by filing a complaint at HUD.gov. Your remedy for breach of quiet enjoyment is to terminate the lease and move or sue in small claims court.

Review Your Lease Before You Sign. Research Local Laws. Keep Records. Pay Your Rent. Maintain Respectful Communication. Seek an Agreeable Solution. Request Repairs in Writing. What Do You Think?

Benefits of Suing Your Landlord Filing a lawsuit does have some potential advantages for tenants. Could Motivate a Landlord to Settle Outside of Court: Notifying your landlord of your intention to sue him or her could motivate your landlord to do everything in their power to avoid actually going to court.

You can recover up to $250,000 in pain and suffering, or any non-economic damages.

Know your state's landlord/tenant laws. Read and respond to the court summons. Try to work out a settlement. Consider legal counsel. Show up for court. Look sharp and provide evidence.

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North Dakota Letter from Tenant to Landlord about Landlord using Unlawful Self-Help to Gain Possession