Legal disputes between landlords and tenants often become contentious, which can make resolving them amicably extremely difficult. When disputing parties become entrenched in their positions and are unwilling to find common ground, litigation becomes almost inevitable. This should be avoided if at all possible because civil lawsuits are expensive and time-consuming, but there are steps that you could take to make suing a landlord less stressful if efforts to resolve your differences in a friendly manner are unsuccessful.
1- Weigh Up Your Claim
You may be angry and feel that your landlord should face legal consequences, but does the amount of money at stake really warrant taking the matter to court? Even if you don’t hire an attorney experienced in landlord and tenant matters to advocate on your behalf, you will have to take time off work to attend court and make arguments. If the matter is not resolved quickly, you could lose more in wages than you gain if you prevail.
2- Know the Law
If you sue your landlord, the matter will be decided based on the law and not your opinion about what is right or wrong. You may feel that your landlord acted improperly, but you will not succeed in court unless you can demonstrate that their actions violated the law in some way. Most state and local governments have internet portals that provide information about landlord and tenant laws, and you can use these online resources to find out where you stand. You could also schedule a consultation with an attorney familiar with these matters.
3- Understand the Burden of Proof
You are probably familiar with the phrase “proof beyond reasonable doubt.” This is the burden of proof in criminal cases, but plaintiffs who initiate civil litigation have a much lower bar to clear. The outcome of civil cases is determined by the preponderance of the evidence, which means that you will only have to convince the court that your arguments are most likely true to prevail. Both you and your landlord will provide an account of what happened. The party that emerges victorious will be the party that the court believes.
4- Gather Evidence and Be Prepared
Your civil case will be determined by the preponderance of the evidence, so it would be a good idea to go into court prepared and with as much evidence as possible. Courts are open to the public, so you can find out what to expect when you argue your case by visiting one and watching what goes on. You could also improve your chances of success by gathering rent receipts, bank statements, repair bills, and other evidence that supports your arguments.
5- Don’t Act in Ways That Could Harm Your Case
Your chances of walking out of court with a smile on your face will be greatly improved if you act in a professional and responsible manner throughout the dispute. If you are confrontational, become angry, and do not respond to requests to communicate or reject efforts to resolve matters amicably, you may find it difficult to get the court on your side.