Making The Case Against Your Landlord

Your landlord hasn't responded to your requests to make repairs in your unit for months or perhaps years and you're rightfully frustrated. You want to pursue a case against your landlord on these habitability claims. What are the kinds of evidence you need?

Begin with the end it mind: The end of a habitability lawsuit is a jury trial. You need evidence to convince jurors, none of whom want to be there and with short attentions spans, to vote in your favor. As the plaintiff in a civil case you have the burden to prove your case.

Your evidence should show, not tell- You've heard the adage that "[A] picture is worth a thousand words." Approximately 65% of people are visual learners, so you need to present pictures. Jurors are zoning in and out during trial. At any given time, some, or none of the jurors are paying attention. Great pictures go a long way in catching jurors' attentions before losing it again.

So, while you are still living your unit, take great pictures and, if the situation calls for it, videos. Remember, you are taking pictures so that strangers can use them to decide whether you should win.

Give context to your photos. Take a few steps back to show the room as a whole and take a picture so that the viewer can see the entire room before zooming in closer for the close up shots.

Written notice to your landlord- Do not just verbally notify your landlord about a habitability problem, put it in writing. For example, if you verbally told your property manager about a weak, be sure to follow it up with an email or text stating memorializing that conversation.

Making only verbal complaints allows landlords and/or property managers to later claim they were never notified of the problem. So be sure to utilize texts and emails so they can used as exhibits during trial.

Get the city or county involved- If, after your requests, your landlord has not made necessary repairs, call your local code enforcement or health department and request an inspection. These agencies will send inspectors who will inspect the unit and delivers notices to the landlord to make timely repairs. This is powerful evidence. Also, the actions of your landlords AFTER the government's involvement can be ripe for additional legal claims such as retaliation or harassment.

If you are living with living with habitability concerns, contact us today for a free consultation.