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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;
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.
Tenant Rights to Withhold Rent in South CarolinaTenants may withhold rent or exercise the right to repair and deduct if a landlord fails to take care of important repairs, such as a broken heater. For specifics, see South Carolina Tenant Rights to Withhold Rent or Repair and Deduct.
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?
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages.In some states, such as California and Arizona, you may be able to seek emotional distress damages if the landlord's actions were particularly egregious.
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.
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.