If you are a resident in an apartment complex in Georgia, you have a number of rights as a renter. When those rights are violated by your landlord or rental company, you may be able to sue them.
The first step in suing an apartment complex is filing a complaint with the appropriate court. The complaint outlines the law you feel was broken and lists all of the facts relevant to your case.
Negligence
Negligence is a legal concept that allows you to hold someone accountable for your damages and losses. However, before you can do that, you must prove that the person is negligent. This means that they failed to act in a way that would be considered reasonable under the circumstances.
When a property owner or manager violates their duties, you can sue them for negligence in Georgia. This is because they are legally obligated to keep you and others safe on their property. This duty is called a “duty of care.” It involves exercising ordinary prudence and care when handling the property or people on it.
If you are considering filing a negligence claim against an apartment complex, there are many potential issues that could lead to a successful lawsuit. These include unsafe living conditions, security issues, and the negligence of a staff member.
You can also sue your landlord if they have violated state health and housing codes. This is especially important if the violation was a cause of your injuries.
Another way to prove that you have a valid claim is to show that the property owner or manager was aware of the issue before it caused you harm. This is a critical element of your case and it can make or break your claim.
It is important to note that there is a statute of limitations on your claim. Generally, this is two years from the date of the injury. You should not delay in filing your claim.
In addition, if you are considering filing a premises liability claim against your landlord or complex, be sure to check their rental contract. It may have a provision that shortens the statute of limitations to one year. This can help prevent a late-filed lawsuit from being heard in court. It also gives you more time to gather evidence and present it in a persuasive manner.
Security Issues
When a tenant is injured due to inadequate security on apartment complex property, they may have a valid claim against the landlord. Under Georgia law, landlords have a duty to provide tenants with adequate security measures and to respond in a timely manner to any issues that arise.
However, even with the right precautions, it is not uncommon for apartment complexes to suffer from criminal activity in their buildings or on surrounding premises. These crimes can include violent assaults, muggings, and robberies.
One example of this type of problem occurred in Brannon Hill, an Atlanta apartment complex. Residents told the media that the property had been plagued with gangs, squatters and other troublemakers. It was overrun with trash, there were no employees in the leasing office, and the parking lots were a magnet for vandals.
The landlord allegedly waited too long to address the problem. Then, after one teen was shot in the head and another died from an accidental shooting near the complex, it refused to change the dangerous conditions or improve security.
If you have questions about your rights as a tenant, you should speak with an attorney. These attorneys can help you understand your legal options and how to move forward with a claim against the landlord.
You can usually start your case by filing a complaint in the appropriate court. After you file, you need to personally deliver the paperwork to the correct person or organization. This can be difficult, so it is often a good idea to hire a professional process server or police officer to ensure that the document is delivered in a timely manner.
Once the lawsuit is filed, it may be time to investigate whether the complex had previous security incidents and if these were serious enough that the property owner was aware of them. It is also important to note whether the complex has a security guard or courtesy officer on staff and how regularly they are there.
In addition to the standard security measures, the landlord should keep the complex free of other problems that could cause harm. These can include slippery floors, elevator failures, ceiling collapses, or other safety issues.
Damages
If you have been injured at an apartment complex, you may want to sue your landlord for the damages you suffered. These damages can include medical bills, lost wages, and other expenses that resulted from the incident. However, it is important to know that these types of claims are often difficult to prove in court.
Typically, you can only sue for damages that were caused by something that the complex knew about and failed to take action on. This is called negligence, and it means that you have to prove that the complex should have known about the issue before it hurt you.
One example of this is when you tripped over a loose step on the stairs. If you can show that the complex should have known about this issue and still did nothing to fix it, then you have a valid negligence case against the complex.
Landlords must follow a specific set of rules when it comes to ensuring that rental properties are habitable for tenants. These laws vary from state to state, but they all have some sort of standard that must be met by a landlord.
For instance, Georgia law outlines that a landlord is required to maintain a safe and livable property. They cannot waive these responsibilities in their lease agreement or in a “disclaimer” they give you when you move into the apartment.
In some situations, this can mean that you have to show that the complex was aware of criminal activity on its property that could lead to an accident or injury. This can be a challenge, but if you work with the Atlanta crime victim lawyers at Deitch & Rogers, they will have the resources and skills to gather this evidence and present it to the court.
The first thing you will need to do if you are considering filing a premises liability lawsuit against your landlord is to draft the proper paperwork. This document, known as a complaint, needs to be drafted in accordance with local rules of the courts. After the complaint is drafted, it can be filed and an official copy delivered to the correct person at the complex.