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Small Claims Court:
If the landlord and tenant
cannot settle their differences between themselves, the
tenant may file an action in small claims court. The
tenant has the option of performing a repair and either
suing to be reimbursed, or suing to have the right to
withhold future rent payments until he has recovered the
cost of the repairs. The tenant may also sue before the
problem is fixed and request that the court allow the
tenant to withhold future rent payments to cover the cost
of repairs. In either case, the tenant may recover damages
for the actual cost of the repairs and for the
inconvenience placed on the tenant while the problem
persisted. Damages for inconveniencing the tenant are
measured by how much the problem reduced the fair rental
value of the property.
An action for reimbursement of money that the tenant
has spent is called "rent recoupment". Suing for
a court order allowing the tenant to withhold future rent
payments is "rent abatement". A tenant may
choose rent abatement if she does not have the money up
front to perform the necessary repairs, or if she does not
want to risk paying for repairs and possibly losing in
court.
When in small claims court, the tenant will need to
show the following:
(1) That the tenant had a written or verbal lease when
the problem existed;
(2) That the type of problem that existed was one that
the law required the landlord to remedy;
(3) That the tenant gave written notice, if required;
(4) That the landlord failed to fix the problem within
a reasonable time;
(5) That the tenant, in an action for rent recoupment,
fixed the problem and incurred expenses (The tenant should
retain copies of all repair bills and proof that the bills
have been paid by him, such as a receipt of payment, or a
canceled check); and
(6) Evidence of the reduced rental value of the
property (this most likely will be provided by oral
testimony of the tenant).
In an action for rent abatement, the tenant may want to
bring evidence showing the estimated cost of repairs. For
example, the tenant may present a written repair estimate,
or a sales brochure showing the cost of a new appliance.
If the tenant anticipates that the landlord will argue
that the tenant paid for repairs that were unnecessary or
overpriced, the tenant should arrange to have the person
who performed the repairs in the court room. Once the
court issues an order, the tenant should read the order
carefully and follow the court's instructions.
The tenant may also be able to recover for damage to
his personal property caused by the landlord's failure to
properly maintain the premises. If conditions of the
residence were so bad that the tenant was forced to move,
and these conditions resulted from the landlord's actions,
omissions or negligence, the tenant may be able to recover
the moving expenses.
If the tenant wins in court, the court may require the
landlord to pay the tenant's court fees but it will not
require the landlord to pay any attorney's fees. Because
disputes between a landlord and a tenant usually involve
no more than a few hundred dollars, tenants should
consider proceeding in small claims court without a
lawyer. Small claims court is a more informal forum and
parties quite often do not hire lawyers.
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