harassing landlord

[happyface]

Do I file in small claims court?

Landlord has been harassing my family for quite a few months now. Threatened arson, sent fake court documents, came to house on many occassions to harass female (not sexual), walked into house using key without authorization to do so (no emergency) and has taken our mail out of mail box. There is so much more, but listing the bigger issues. Restraining order and arrest warrant have been issued. We are no longer paying rent. Many violations in house. Want to sue for harassment. What steps need to be taken to do so? Do we hire attorney and is it Real Estate Property attorney we are looking for? Any help would be greatly appreciated. Thank you.

 

[NYClex]

there seem to be a lot of different issues. First of all you should sort them all out for yourselves with two questions you ask for each issue. The answer belongs in either of two categories:

What is it that I want:

-Do I want to sue him to stop him from doing something? Or to sue him to make him do something (like necessary repairs)?

-Do I want to sue him so he has to pay for damages.

The answers will decide what kind of legal action you could take and where to bring them. Especially the second question is important, because you must assess if there are any damages and if the whole thing is worth it.

My first idea in such a situation would be: move out as fast as you can.

The rest probably should be discussed with an attorney. I guess most of your answers will fall into the first category and should probably be within the realm of an attorney who specializes in landlord-tenant issues.

 

[happyface]

reply

Thank you for replying. Yes, lots of issues. We are moving out soon, thankfully. What type of lawyer does Landlord/Tenant? I have searched and have not found any. Should I be looking at Real Estate lawyers?

 

[Michael Wechsler]

Re: reply

Originally posted by happyface
Thank you for replying. Yes, lots of issues. We are moving out soon, thankfully. What type of lawyer does Landlord/Tenant? I have searched and have not found any. Should I be looking at Real Estate lawyers?

No -- NYClex is correct. You need to first decide what you want to do. Regardless, you likely seek a landlord/tenant or general practice attorney and not real estate attorneys, who deal more with the transactions in purchasing/selling or the contractual elements of renting. I'm not sure how much money may be at stake here either and, if it's $5,000 or less, I'd think of going to small claims court since hiring an attorney for such a case would likely cost more than you would receive.