Suing Your Landlord For Failure To Make Repairs
Many people think of a lease as a list of tenant obligations and responsibilities. But like any contract, it sets expectations for both parties. Your landlord is legally required to make necessary repairs in a timely fashion, provide adequate services and generally keep the building in good working order.
If your landlord continually refuses to fulfill maintenance/service requests or delays repairs for weeks/months without explanation, you can compel him or her to act by filing a civil suit in Housing Court. And although you are not required to be represented by your own attorney, it is helpful to consult with one.
An Overview On Suing Your Landlord
When you contact The Law Office of Seth Rosenfeld, Esq., we can guide you through the process of bringing legal action against your landlord. The steps involved include:
- Documenting the needed repairs (preferably with pictures), evidence of your requests to your landlord and anything else needed to establish a timeline of events
- Filing a petition with the clerk’s office of the Housing Court and having a judge sign it
- Scheduling an inspection of your apartment by the Department of Housing Preservation and Development
- Serving your landlord/property owner with court papers
- Preparing for and attending your court date
- Negotiating a settlement with your landlord to avoid going to court. This settlement must have reasonable terms and be put in writing.
- Following up if the landlord fails to make necessary repairs or meet the deadline
As you can imagine, these steps often prove to be cumbersome and time-consuming when working on your own. Having an experienced attorney by your side can make the process much easier and faster, and it can show your landlord that you are serious about holding him or her accountable.
Defending Landlords Against Unreasonable Claims
As a landlord, you owe a duty to tenants to make repairs quickly and maintain a safe and functioning property. That being said, you may be facing demands from tenants to make changes or repairs outside the scope of your duties and obligations. If you are being sued or threatened to be sued over unreasonable tenant demands, our firm can help you defend your rights and your reputation.
Discuss Your Repair Claim Questions In A Free Initial Consultation
The Law Office of Seth Rosenfeld, Esq., is in the Forest Hills neighborhood, and we serve clients throughout Queens, New York. To take advantage of a free initial consultation with our experienced landlord-tenant lawyer, send us an email or call 800-699-1594.