With our lawyers’ help, you can quickly resolve a tenant lawsuit over habitability issues without going to court or paying additional damages. How you respond to reports of habitability issues or a formal lawsuit affects the outcome, so take this seriously and seek our lawyers’ help.
Make addressing habitability issues a priority if a tenant files a lawsuit. To be habitable, apartments in multi-family housing buildings must be sanitary, safe, and have essential utilities. It’s the landlord’s duty to provide a habitable unit, so it’s important to prioritize making repairs, as this can reflect favorably on the property owner and weaken the tenant’s claim for other damages or excuses for withholding rent.
Get help with your case from the Heyman Law Firm by calling our Maryland real estate transaction and disputes lawyers at (410) 305-9287.
What Should You Do if a Tenant Sues Over Habitability Issues?
If you’re dealing with a tenant habitability lawsuit, our lawyers can help you make a plan to resolve the issue and avoid going to court.
Document Everything
If a tenant sues you over any habitability issues, having ample documentation is important. Any maintenance requests, emails, or other correspondence about the issue is important for us to have and review. Photos or videos of a visible defect that the tenant says makes the apartment unsafe or unlivable also help us contextualize the situation.
Keep documentation of any electrical, plumbing, or other work done in the unit. Recent inspections and installations can confirm the apartment was habitable.
Assess Damage & Make Repairs
Landlords have a responsibility to provide housing that is safe, habitable, and in compliance with building codes. When facing a habitability lawsuit, notify the tenant of your plan for repairs and ensure you give them proper notice before any contractors arrive at their apartment. We can help you keep track of the cost of these repairs for the lawsuit’s purposes in case we discover that the tenant caused the damage.
Making repairs immediately right after the lawsuit is filed can mitigate the situation, especially if the defect was glaring, such as mold, no heat in winter, severe pest infestations, and other major health and safety hazards.
Consult a Lawyer
When tenants sue over habitability issues, landlords and multi-family building owners should consult our real estate transaction and disputes lawyers to prepare for what comes next. Some tenants seek damages or even try to withhold rent after filing habitability lawsuits, even when landlords make prompt repairs, and our attorneys can represent property owners in court or in settlement discussions.
Should You Settle if a Tenant Sues Over Habitability?
Many tenant-landlord lawsuits settle out of court for everyone’s time and convenience. That doesn’t mean you should settle your case, however, especially if the tenant is seeking unfair damages, withholding rent, or is responsible for the habitability issues themselves.
Settling a case out of court keeps the resolution private, which property owners often appreciate. Landlords should not compromise on habitability claims filed by tenants who caused the issues or damage themselves.
Move-in inspection reports and photo documentation of the unit before the tenant moved in can help us prove that you provided a habitable apartment to the tenant, and they or their guests made it inhabitable.
FAQs About Tenants Suing Over Habitability Issues in Multi-Family Buildings
What Habitability Issues Can Tenants Sue Over?
When renting units to tenants, landlords generally have an implied warranty of habitability. Rental units must meet basic health and safety codes, and the apartment complex or other multi-family housing building must follow local building codes. No heat or running, mold, insect, or rodent infestations, exposed electrical wiring, and other safety and health hazards are common reasons for tenant lawsuits.
Do You Need a Lawyer if a Tenant Sues You for Habitability Issues in a Multi-Family Building?
You should have a lawyer looking out for your best interests if a tenant sues you over habitability issues, especially if they are seeking compensatory damages in addition to efficient repairs or if they are refusing to pay rent.
Should You Make Repairs During a Habitability Lawsuit?
Making repairs during a habitability lawsuit doesn’t necessarily indicate you accept responsibility for the apartment’s condition or that the tenant will win their lawsuit. If we find the tenant responsible for the unit’s condition, we can seek payment for the repairs.
Can You Defend Yourself if a Tenant Sues Over Habitability Issues?
By showing that you promptly responded to a habitability issue, lacked any notice from the tenant about the habitability issue, or properly maintained the unit, and there was no habitability issue, you can defend yourself in a tenant lawsuit. If the tenant caused the defects, that’s not your financial responsibility to fix, but theirs.
How Long Do Tenants Have to Sue Over Habitability Issues?
The statute of limitations for tenants to sue over habitability issues varies from state to state. In Maryland, tenants have 3 years to sue property owners for lease violations and habitability concerns; otherwise, they lose their right to sue.
Can You Evict a Tenant Who Sues Over Habitability Issues in a Multi-Family Building?
You cannot retaliate against a tenant who sues over habitability issues by evicting them; however, if there is a separate good cause reason for eviction, such as withholding rent or other lease violations.
Can Tenant Lawsuits Over Habitability Issues Go to Court?
Tenant lawsuits over habitability issues can, and sometimes do, go to court. Tenants filing these lawsuits often want more than just repairs; they want reduced rent or compensatory damages. Some tenants take this as far as a trial, and our lawyers can represent property owners defending themselves.
Call Us for Help if a Tenant Sues You Over Habitability Issues
Call the Heyman Law Firm’s Baltimore real estate transaction and disputes lawyers at (410) 305-9287 for a free case review.