Tenant and landlord lawsuits are not a new concept in civil law. Yet, they have been a hot topic over the last few years because of the ongoing pandemic and related job losses. It's true that there is recent legislation around rentals and landlord-tenant relationships. Yet, winning emotional distress lawsuits is challenging. Some may say almost impossible in most cases. Many states have laws that recognize the intentional infliction of emotional distress. Even so, the claims are uncommon, and most judges have little interest in hearing them. The court will often dismiss the cause without hearing arguments.
Can Tenants Sue Landlords for Emotional Distress?
In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm. Still, the right to file a suit does not mean the court will agree and award damages. The tenant may have options if a landlord's deliberate or negligent actions cause severe emotional injuries. In that case, they could sue the landlord for emotional distress. They could file on the grounds of intentional infliction of emotional distress. Thus, the court could award damages if verifiable proof backs the claims.
The preponderance of evidence will rest on the tenant, and complex cases are rarely successful. The courts will often dismiss the claim because of a lack of evidence. That said, landlords can take steps to protect themselves. Learning about and following laws could mean avoiding legal troubles and adverse consequences.
Variations to State for Landlord Emotional Distress Lawsuits
While many landlord and tenant laws vary depending on the state, a majority of those protections are for unlawful actions. The civil statutes in most of the country are similar for emotional distress in landlord-tenant cases. Most state laws require the claimant to prove that the defendant's actions were outrageous and intolerable.
Civil statutes will vary from one state to the next. Yet, emotional distress claims must contain specific components countrywide. The action must show that the landlord's actions were reckless, intentional, or explicit. It must also establish gross negligence and a loose relationship between the landlord's actions and the damages. Last, the claim must prove that the tenant sustained verifiable injuries and damages.
Related Reading: The Ultimate Guide to Landlord Liability Insurance
The Elements Necessary to Satisfy an Outrageous and Intolerable Cause of Action
The civil action must show that the defendant was outrageous and intolerable to meet the bar of legal liability. The tenant will meet the burden of proof obligation by showing:
- The landlord's activities went beyond the possible bounds of decency
- Any "reasonable" person would regard the defendant's actions as atrocious, and
- The behavior was utterly intolerable in a civilized community
The landlord's conduct must violate the "generally accepted standards of decency and morality." The judge will consider the tenant-landlord relationship at length. They will also decide if there was an abuse of authority. Other areas of interest include the tenant's vulnerability and if the conduct was ongoing.
Tenant-Landlord Civil Lawsuits in General
Rental agreements and leases are legally binding contracts between the landlord and the tenant. The executed agreement will protect the landlord's rights in most cases. Yet, the tenant could have grounds to sue in some situations. The court could rule in favor of the plaintiff if the evidence shows the landlord caused injuries through:
- Wanton disregard
- Overbearing behavior, or
- Unlawful and reckless actions
The civil court almost always rules in favor of the landlord when they take care to follow state regulations and the legal procedure. Landlords and property managers must be cautious and follow state laws during evictions. To avoid lawsuits, they must follow eviction laws and policies correctly. Other actions that landlords must avoid to stay out of legal trouble include:
- Harassment or privacy violations
- Retaliatory evictions
- Failure to follow local eviction laws and procedures
Property managers and landlords can avoid financial issues and lawsuits by complying with regulations and knowing their rights and responsibilities.
Related Reading: 10 Things a Landlord Can't Do
Landlords Protect Themselves Against Lawsuits by Avoiding Wrongful Actions
When a tenant violates the lease agreement, the landlord must follow the proper procedure of the eviction process. By ensuring they comply with state statutes, they can avoid the potential of civil lawsuits. Other activities to avoid include:
- Preventing a breach of state quiet enjoyment laws
- Renting an uninhabitable residence
- Failing to keep the property reasonably safe and habitable
A legal professional could review the case and all the options to build a solid case. Some of the most common defenses include:
The Statute of Limitations
States have civil regulations in place that limit the amount of time a tenant has to sue a landlord. If the claimant fails to meet the deadline, the defendant can ask the court to dismiss the action.
The Lack of Evidence to Show Damages
If the evidence does not meet the burden of proof, the defendant can ask for immediate dismissal.
No Defense Duty for Allegations
When there are false allegations and a lack of proof, the landlord can ask the court to dismiss the case on the grounds of no defense duty for allegations.
Simply put, the burden of proof lies on the shoulders of the tenant in all legal actions involving landlords and tenants. The claimant must meet the law's requirements, and the defendant has the legal right to defend themselves. In most cases, unless there is clear and variable wrongdoing, the court will rule in favor of the landlord.
The thought of facing legal trouble is unpleasant and often stressful. Yet, the tenant faces complex challenges to prove they suffered emotional distress. Landlords can protect themselves from lawsuits by following lease agreements, legislation, and procedures. While tenants could sue for emotional distress, the cases are seldom successful. The judge often throws them out without reviewing or hearing the issue altogether. Every homeowner with rental properties must also carry a standard landlord's insurance policy. The policy will protect the home against property damage. A standard policy also provides liability coverage to protect against suits and litigation.
As with all legal matters, you should advise a lawyer or legal counsel to advise on the specifics of your case prior to making any decisions in regards to your circ*mstances.
FAQs
Can Tenants Sue Landlords for Emotional Distress? In short - yes. Every resident of the United States has the right to file a civil lawsuit against another they believe caused them harm.
What is the most you can sue for emotional distress? ›
Emotional distress can often qualify for both special and general damages. Because of this, pain and suffering compensation usually amounts to 2 to 5 times the total costs of medical bills (therapies, medications, etc.) and lost wages from missed work. This amount can vary significantly on a case-by-case basis.
Can I sue my landlord for emotional distress in Michigan? ›
Can you sue a landlord for emotional distress in Michigan? Yes. Under Michigan law, an tenant or rental injured due to the negligence or fault of a landlord or property manager can sue for the emotional distress they caused. This is also known as a pain and suffering or a negligence lawsuit.
What can I sue my landlord for in California? ›
You can sue a landlord in small claims court over unsafe living conditions or for violating your state's implied warranty of habitability. Warranty of habitability means that regardless of any opposing lease term, your landlord is required to keep your unit in a habitable condition at all times.
What can I sue my landlord for in Texas? ›
Go to court: Sue your landlord to make the repairs and for damages. A court can order your landlord to make repairs, reduce your rent from the date you asked for repairs, and award you damages caused by failure to repair, damages of one month's rent plus $500, court costs, and attorney's fees.
What is an example of emotional distress? ›
Emotional Distress Examples
Emotional distress refers to the victim's emotional response to the accident and/or injuries, such as fear, sadness, anxiety, depression or grief. Several emotional, mental and psychological damages can fall under the category of emotional distress during an injury claim.
How much can I sue for emotional distress in Michigan? ›
For most accident and injury cases, there is no legal limit to the amount that you can sue for pain and suffering damages. You can demand whatever amount that you want however most cases are limited by the amount of the insurance policy limits that will be used to pay your settlement.
What is considered landlord harassment in Michigan? ›
Landlord harassment is when the landlord creates conditions that are designed to encourage the tenant to break the lease agreement or otherwise abandon the rental property that he or she is currently occupying.
How do I file a complaint against a landlord in Michigan? ›
Persons who have complaints against landlords/property owners can file a complaint with the Michigan Attorney General's Consumer Protection Division at 517-335-7599.
Can I sue my landlord for mold in California? ›
California mold disclosure laws are designed to protect tenants from the dangers of mold. If your landlord does not comply, then you can take legal action against them.
The State of California Department of Consumer Affairs can help with questions or complaints regarding landlord/tenant relationships, including repair issues, safety violations, and Health and Safety Code violations. For further information, call (800) 952-5210, or visit the website at www.dca.ca.gov.
Can you not pay rent if landlord doesn t fix things in California? ›
California tenants are legally entitled to rental property that meets basic structural, health, and safety standards, and is in good repair. If a landlord fails to take care of important maintenance (such as a leaky roof or a broken heater), tenants might have the legal right to: withhold rent.
Can you withhold rent for mold in Texas? ›
Rent withholding: The tenant stops paying rent and claims the mold makes the dwelling unlivable. Landlords in Texas must abide by the "implied warranty of habitability." This legal doctrine requires the landlord to provide a property in a livable condition.
Can I withhold rent for repairs in Texas? ›
You do not have a right to withhold rent because the landlord fails to make repairs when the condition needing repair does not materially affect your physical health or safety. If you try this method, the landlord may file suit against you. § 92.058.
Do you have 30 days after eviction notice in Texas? ›
The landlords have to issue a 30-Day Notice to Vacate. The tenant has no choice but to leave the premises before the end of the notice period. Landlords can continue with the eviction process if the tenant refuses to leave after the 30-day grace period.
What evidence do you need for emotional distress? ›
To prove emotional distress, you'll need to be able to prove: The defendant had a duty to behave reasonably and to not behave outrageously or in an extreme manner likely to cause distress. The defendant breached that duty by intentionally or recklessly behaving outrageously.
What are 3 warning signs of emotional distress? ›
What are the warning signs and symptoms of emotional stress?
- Heaviness in your chest, increased heart rate or chest pain.
- Shoulder, neck or back pain; general body aches and pains.
- Headaches.
- Grinding your teeth or clenching your jaw.
- Shortness of breath.
- Dizziness.
- Feeling tired, anxious, depressed.
Your attorney may recommend the following steps to help prove emotional distress in your case:
- See a professional about the problem. ...
- Keep a journal of your symptoms and stress levels. ...
- Expert witnesses. ...
- Family and friends testimony. ...
- Evidence of physical injuries.
The Five Signs encouraged people to ask if they or their loved ones were not feeling themselves, feeling withdrawn, feeling agitated, feeling hopeless or not caring for themselves. A longtime mental health advocate, Broderick discovered the program and introduced it to New Hampshire.
What are five emotional signs of stress? ›
Emotional Signs of Too Much Stress
- Anxiety.
- Irritability.
- Sex drive.
- Memory.
- Compulsive behavior.
- Changes in mood.
- Stress management.
Generally, these claims are worth $30,000-$50,000. The second type of emotional distress claim is one that is worth more than $50,000 up to hundreds of thousands of dollars, depending on the factual circ*mstances.
Can I sue for pain and suffering in Michigan? ›
Under Michigan law, you can sue the driver that caused the auto accident for pain and suffering compensation as well as other non-economic damages. This is called a negligence claim or in Detriot & Michigan, a third-party claim.
What is the intimidation law in Michigan? ›
Sec. 147b. (1) A person is guilty of ethnic intimidation if that person maliciously, and with specific intent to intimidate or harass another person because of that person's race, color, religion, gender, or national origin, does any of the following: (a) Causes physical contact with another person.
What are my renters rights in Michigan? ›
You have the right to live in a home that is in good, habitable condition. This means both your home and the premises, such as a yard, should be safe and in good repair. Your landlord must also keep any common areas in good enough shape for their normal use.
How do I file a fair housing complaint in Michigan? ›
If you believe you have been discriminated against or have questions about fair housing, contact:
- MDCR at 800-482-3604 or MDCR-INFO@michigan.gov.
- HUD at 800-669-9777 or www.hud.gov.
- You can also file a complaint online or request information below.
Generally speaking, most courts will set the carpet's life span at 10 years; so, the carpet would have to be depreciated by the number of years it has been in service to determine charges.
What can I sue my landlord for in Michigan? ›
Landlords and property managers can be held liable in a premises liability lawsuit for harm suffered to negligent maintenance of the property. If you were injured to due negligent maintenance or dangerous conditions on the property, you can sue the apartment building owner and manager for recoverable damages.
Can you withhold rent for repairs in Michigan? ›
Tenant Rights to Withhold Rent in Michigan
Tenants may withhold rent or exercise the right to "repair and deduct" if a landlord fails to take care of important repairs, such as a broken heater.
Can landlords do random inspections in Michigan? ›
Primarily, the law was amended to state that, absent some exceptions, municipal inspections cannot occur without a tenant's consent, further reinforcing a tenant's Fourth Amendment rights. Some of these exceptions are: If the rental unit is vacant; If the municipal inspector is responding to a tenant complaint; or.
What are signs of mold sickness? ›
Some people are sensitive to molds. For these people, exposure to molds can lead to symptoms such as stuffy nose, wheezing, and red or itchy eyes, or skin. Some people, such as those with allergies to molds or with asthma, may have more intense reactions.
A blood test, sometimes called the radioallergosorbent test, can measure your immune system's response to mold by measuring the amount of certain antibodies in your bloodstream known as immunoglobulin E (IgE) antibodies.
How do I file a complaint against local housing authority? ›
You can speak with an FHEO intake specialist by calling 1-800-669-9777 or TTY: 1-800-877-8339.
What is the Civil Code 1941 1942? ›
California Civil Code Sections 1941 and 1942 define a landlord's responsibilities for repairs. Civil Code Section 1941.1 requires landlords to provide the following: Effective waterproofing and weather protection of the roof and outside walls; unbroken doors and windows.
How much can rent be raised in California month-to-month? ›
California landlords can raise the rent once or twice per year, depending on the length of the lease agreement. For longer leases, tenants can only raise the rent once per year, at the end of the lease term, while for short leases, including month-to-month leases, California landlords are limited to two rent increases.
What are my renters rights in California? ›
Tenant Rights and Responsibilities
According to California landlord-tenant laws, tenants have the right to live in safe, habitable rental units, as well as sue the landlord for retaliation, withhold rent for failure to provide essential services, recover attorney's fees, and more.
What a landlord Cannot do in California? ›
Under the Fair Housing Act, it's illegal for landlords to discriminate against a prospective tenant based on sex, race, color, national origin, religion, familial status, or disability.
What is considered landlord harassment in California? ›
Landlords are prohibited from doing the following acts if done to harass the tenant: Taking away services provided in the lease (housing services). Refusing to do required repairs. Entering the apartment without proper notice.
What are the side effects of black mold? ›
Black mold is a fungus that may cause your immune system to react. Common symptoms include sneezing, coughing, congestion and eye irritation. It rarely causes serious illness or death but may worsen asthma symptoms.
What does black mold look like? ›
Black mold, as the name implies, is often dark in color. When searching for black mold, look for circular-shaped spots that are black, dark green or dark brown. Some black mold can also take on shades of orange or have flecks of white within it. Most of the time, black mold has a slightly furry appearance.
What is difference between mold and mildew? ›
Mildew refers to certain kinds of mold or fungus. The term mildew is often used generically to refer to mold growth, usually with a flat growth habit. Molds include all species of microscopic fungi that grow in the form of multicellular filaments, called hyphae.
According to Texas law, rent on the rental unit becomes late if it isn't paid within 2 full days once it's due. When rent is late, you must give the tenant the 3-Day Notice to Quit to kick start the eviction process.
What happens if your landlord doesn t fix issues in Texas? ›
Section 92.0563 of the Texas Property Code allows a judge to order the landlord to do any of the following:
- Take reasonable action to repair the problem.
- Reduce rent based on how the value of the rental was affected by the problem.
- Pay the tenant one month's rent plus $500.
- Pay the tenant's actual damages.
The eviction process includes several steps, but can happen very quickly. In Texas, in most cases, a landlord can evict a tenant for failing to pay rent within a few weeks of the first missed rent payment.
What is the fastest way to evict a tenant in Texas? ›
The only legal way to remove a tenant from a rental unit in Texas is for a landlord to win an eviction lawsuit (forcible entry and detainer suit) in court. Even after winning the lawsuit, it is illegal for a landlord to take self-help measures to remove the tenant.
How do I delay an eviction in Texas? ›
Talk to Your Landlord
You may be able to come to an agreement without going to court. An eviction will cost both of you money (as well as time), and your landlord may be willing to stop the eviction if you agree to certain terms, such as paying rent you owe or stopping behavior that violates the lease.
Can you sue a narcissist for emotional distress? ›
The courts recognize emotional distress as a type of damage that can be recovered through a civil lawsuit. This means you can sue someone for emotional trauma or distress if you can provide evidence to support your claims.
What is emotional distress damages? ›
What are Emotional Distress Damages? Emotional distress damages are designed to compensate you for the psychological impact your injury has had on your daily life. The list of manifestations of emotional distress is long and varied. Sleep loss, anxiety, fear—these all fall under the umbrella of emotional distress.
Can you sue someone for wasting your time in a relationship? ›
You can sue anyone for anything, but it doesn't mean you'll win. To win, you would likely have to prove that the time he wasted was inherently valuable (which is basically impossible,) and also that he purposely set out to waste your time.
What is the definition of emotional distress? ›
Emotional distress refers to mental suffering as an emotional response to an experience that arises from the effect or memory of a particular event, occurrence, pattern of events or condition.
What does narcissistic emotional abuse look like? ›
Some common examples of narcissistic abuse include:
When you don't do what an abuser wants, they may try to make you feel guilty or fearful. Insults: Verbal abuse like name-calling, harsh criticism, and other insults are ways for those with narcissistic personality disorder to chip away at a victim's self-esteem.
Examples Of Narcissistic Abuse
- Apologizing often, even when it is not your fault.
- Blaming yourself for every setback.
- Loss of confidence.
- Feelings of isolation from your friends and family.
- Difficulty with decision making.
- Feeling like you have lost a sense of self.
To prove emotional distress, you'll need to be able to prove:
- The defendant had a duty to behave reasonably and to not behave outrageously or in an extreme manner likely to cause distress.
- The defendant breached that duty by intentionally or recklessly behaving outrageously.
Once the attorney has argued for emotional distress damages, he or she will then calculate a settlement amount using what's called a “multiplier method.” It works by adding up all the tangible or economic damages, like medical costs and lost wages, and then multiplying that sum by a given number, usually between 1.5 ...
What are the two types of emotional distress? ›
There are two types of emotional distress cases, negligent and intentional.
What is it called when you live with someone but not married? ›
Living together with someone is sometimes also called cohabitation. Generally speaking, you will have fewer rights if you're living together than if you're married.
Can I sue the man that slept with my wife? ›
If your husband cheated on you in California, the law supports your right to file for divorce and handle the matter in court without the burden of proving the adultery. While you may not be able to sue the person they cheated with, you can still file for divorce and custody rights after your husband's affair.
How do you Stonewall someone? ›
Examples of stonewalling.
- Giving the silent treatment.
- Abruptly walking away.
- Avoiding conflict.
- Avoiding eye contact.
- Acting busy or abruptly moving on to another task.
- Minimizing your concerns.
- Aggressive body language, like eye-rolling or scowling.
- Defensive communication.
You may be experiencing the effects if you recognize any of the following 6 signs of emotional stress:
- Difficulty making decisions or solving problems.
- Becoming more emotional than usual.
- Feeling overwhelmed or on edge.
- Difficulty remembering or keeping track of things.
Intentional infliction of emotional distress is an act considered so terrible and outrageous that it causes severe harm to the victim. In legal terms, IIED is classified as a civil tort. A civil tort is an act or omission that causes injury or harm to another person, resulting in legal liability for the offender.
