Your landlord is legally required to provide all services expressly agreed upon in your lease and maintain safe, habitable conditions at the property. In addition, you should reasonably expect that you won’t be overcharged and that your security deposit will be returned upon moving out as long as you’ve left the property in good condition. When these obligations aren’t met, you have rights.
One option available is to sue your landlord. Bringing your landlord/tenant dispute to court can be time-consuming and costly (you may have to pay court and lawyer fees). Therefore, it’s important to determine whether moving forward with a lawsuit is worthwhile based on your specific dispute.
Situations When You Should Sue Your Landlord
Filing a lawsuit against your landlord is most likely the right approach under the following circumstances:
- Your landlord hasn’t responded to your communication and other efforts you’ve made to address the issue
- Your rental property is unlivable, whether due to infestation, mold issues, a general state of disrepair or any other unsafe conditions which may be present
- Your landlord owes you a significant amount of money, either due to a failure to refund your security deposit or a failure to reimburse you for repairs
- You have the documentation and evidence necessary to win a case in court
Situations When You Should Not Sue Your Landlord
There are certain times when filing a lawsuit to resolve your landlord/tenant dispute simply doesn’t make sense. These include:
- When you haven’t tried to resolve the issue directly with your landlord (this should always be the first step you take)
- When your monetary losses are so small that it doesn’t justify the time, effort, expense and aggravation associated with litigation
- When you lack the necessary proof to achieve a successful outcome in court
Reid Wissner Can Help
If you have a landlord/tenant dispute that hasn’t been resolved by dealing directly with your landlord, Mr. Wissner can help. He has decades of experience fighting for the rights of tenants, and he will advise you as to whether a lawsuit is the best course of action in your specific case.
Please contact the Law Offices of Reid B. Wissner using the form on this page or call 212-406-9288 today to schedule a complimentary consultation. We serve clients in Manhattan, Brooklyn, Queens, the Bronx and throughout New York City.