This article on “how much can I sue my landlord for emotional distress? ” has been expertly reviewed By: Serah Waweru, Esq., on June 31, 2023
Dealing with a negligent landlord can be extremely stressful and overwhelming. Such a landlord has no regard for your physical and mental health. All they care about is the rent money they get from you at the end of the month or whatever the terms of your lease agreement stipulate.
Such landlords would do just about anything not to spend a dime to take care of their property. In fact, they may go as far as threatening to evict you if you raise concerns about the property’s worrying conditions, leaving you and your family distressed.
That’s just one of the many ways a rogue landlord can cause you or your loved one emotional distress.
Fortunately, you can seek legal redress if your landlord puts you through such emotional turmoil. You may be entitled to thousands of dollars in compensation for emotional distress if you have a valid claim.
Money aside, let’s discuss when and how you can sue your landlord for emotional distress.
Can I Sue a Landlord for Emotional Distress?
Yes, you can sue your landlord for emotional distress. But there’s much more to it than simply filing the lawsuit in a civil court. For example, you must understand what amounts to emotional distress or landlord negligence before seeking compensation. Here’s a quick overview.
What is Emotional Distress?
Different states have varying definitions of emotional distress. Generally, however, this term refers to any form of psychological suffering caused by someone’s intentional or accidental actions (or inactions).
So, with that in mind, how can a landlord cause you emotional distress?
It all starts with the duty of care between you and the landlord. Typically, your role as a tenant doesn’t end with paying your rent on time. Instead, you’re responsible for maintaining sanitary conditions on the premises, preventing tenant-caused damages, using appliances and premises responsibly, and complying with the lease’s terms and conditions.
On the other hand, your landlord must ensure that their property is safe and habitable before renting it out. Generally, the landlord may be responsible for:
- Performing necessary repairs on the property, including broken plumbing and heating systems
- Preventing health-related hazards on the property, such as fumigating to get rid of pests
- Maintaining common areas on the premises, such as the parking lot and leisure garden
- Respecting your privacy while renting
- Enforcing security on the premises
- And so much more
Sadly, not all landlords meet their end of the bargain regarding their duty of care. As a result, they put their tenants’ physical and mental health at risk. Some situations that may lead to emotional distress include:
- Privacy invasion
- Inadequate security
- Ill-maintained property
- Any form of harassment at the property caused by the landlord’s actions or inactions
- Eviction threats following a misunderstanding
- Discrimination based on your religion, race, gender, disability, etcetera
If you believe your landlord’s negligence has caused you mental anguish, distress, anxiety, or any other form of emotional suffering, contact an emotional distress lawyer to evaluate your case to determine the legal options you may have.
How Much Compensation Can I Receive When I Sue My Landlord for Emotional Distress?
The value of an emotional distress claim depends on several factors. Usually, many courts use the multiplier method to calculate the amount of money to award a plaintiff for emotional distress. This method involves multiplying the total cost of damages the plaintiff incurred by a number between two and five.
For instance, if a plaintiff spent $5,000 in medical bills, lost wages, and medication costs, their emotional distress compensation may be between $10,000 and $25,000.
However, the multiplier is usually within the court’s discretion and often depends on the severity of the plaintiff’s distress. Unfortunately, emotional distress is intangible and subjective, making it difficult to quantify. For this reason, it heavily relies on the plaintiff’s testimony and evidence to support the claim.
On the other hand, some states have set caps on the maximum amount of money a plaintiff can be awarded for emotional distress. In other states, the compensation amount depends on the type of mental anguish the plaintiff suffered, such as PTSD, anxiety, and depression.
How Do I Sue My Landlord for Emotional Distress?
Generally, you can file an emotional distress claim (sometimes called pain and suffering) as a component of a personal injury case. This could happen if your landlord’s negligence caused you mental anguish and physical injuries.
But that doesn’t mean you can’t file an emotional distress claim as an independent lawsuit. What matters most is how best you can prove your claim.
READ ALSO | Gross Negligence vs Negligence Explained
The steps for filing an emotional distress lawsuit may vary from one jurisdiction to another. However, there are several factors you must consider in this process. These include the following:
Gathering Evidence
There are several forms of evidence that you can use to support your emotional distress claim against your landlord. Some of the proof you may collect include but is not limited to the following:
- Witness testimonies
- Personal Testimony
- Medical reports showing treatment for your mental anguish
- Video recordings of events relevant to the case
- Photographs of inhabitable conditions of the rented property
- Emails and messages showing communication between you and the landlord
Proving the Landlord’s Negligence
Usually, the burden of proof in an emotional distress case against a landlord lies on the plaintiff. So besides gathering evidence, you must establish the following elements to prove your case.
Your landlord owed you a duty of care: This means that your landlord had the legal obligation to prevent foreseeable harm.
Breach of duty of care: You must establish that the landlord didn’t act responsibly to meet the standard of care they owe you.
Causation: It is also necessary to demonstrate that your landlord’s actions or inactions caused you harm, in this case, emotional distress.
Damages: You must prove that you incurred damages due to emotional distress. For instance, you missed work and had to pay your medical bills to treat anxiety, trauma, depression, or any other form of mental anguish.
Statute of Limitation on Suing a Landlord for Emotional Distress
The statute of limitation is a law that limits the timeframe within which you can initiate a legal process, such as filing a lawsuit. Most states allow a two or three-year limit for filing an emotional distress case. However, this period may be longer or shorter in some states.
READ ALSO | How Long Do Injury Lawsuits Take to Settle?
Unfortunately, you may never be able to seek legal remedies against your landlord if the statute of limitation expires before you file your claim.
That explains the importance of hiring an attorney immediately if you believe your landlord caused you emotional distress.
Hiring an Emotional Distress Lawyer
An emotional distress lawsuit can be very challenging to pursue, given that it’s difficult to quantify pain and suffering. But with professional help from an emotional distress lawyer, you can increase your chances of having a successful claim and bagging the right amount of compensation you deserve for your landlord’s negligence.
Here’s how a lawyer can be of help.
Case evaluation: A lawyer can evaluate your case to determine whether it’s valid. Next, they can help you weigh your legal options and the best strategy to pursue your case.
Gathering evidence: After evaluating your claim, the lawyer can help you gather sufficient evidence to build a strong case.
Negotiating a settlement: If you decide to resolve your case out of court, your lawyer can help you negotiate a fair settlement so you don’t have to accept a lowball settlement.
Representing you in court: Alternatively, your lawyer can represent you should the case go to trial.
How Much Compensation Can You Receive for Emotional Distress?
The value of an emotional distress claim depends on several factors. Usually, many courts use the multiplier method to calculate the amount of money to award a plaintiff for emotional distress. This method involves multiplying the total cost of damages the plaintiff incurred by a number between two and five.
For instance, if a plaintiff spent $5,000 in medical bills, lost wages, and medication costs, their emotional distress compensation may be between $10,000 and $25,000.
However, the multiplier is usually within the court’s discretion and often depends on the severity of the plaintiff’s distress. Unfortunately, emotional distress is intangible and subjective, making it difficult to quantify. For this reason, it heavily relies on the plaintiff’s testimony and evidence to support the claim.
On the other hand, some states have set caps on the maximum amount of money a plaintiff can be awarded for emotional distress. In other states, the compensation amount depends on the type of mental anguish the plaintiff suffered, such as PTSD, anxiety, and depression.
FAQ
We’ve answered some common questions readers ask us about suing a landlord for emotional distress.
What Compensation Can I Seek in a Lawsuit for Emotional Distress Against My Landlord?
You may be able to seek compensation for various forms of damages resulting from emotional distress. These include medical expenses, lost wages, attorney fees, humiliation, anxiety, pain, etc.
Are There Any Alternative Dispute Resolution Methods for Emotional Distress Claims Against Landlords?
Besides filing a lawsuit, you may negotiate an out-of-court settlement with your landlord. Alternatively, you may file an emotional distress report with the housing association responsible for regulating the landlord-tenant relationships in your state.
Do I Need a Lawyer for My Emotional Distress Case Against My Landlord?
Even though it’s not mandatory, hiring an emotional distress lawyer may be the best decision when suing your landlord. Such cases often come with numerous challenges, especially with the burden of proof resting squarely on you. Fortunately, a lawyer has a vast knowledge of the legal processes and evidence you need to support your case and improve your chances of winning.
What Types of Evidence Can I Use to Prove My Landlord Caused Me Emotional Distress?
Earlier, we learned that when it comes to these types of cases, you must prove that your landlord caused you emotional distress.
From a legal standpoint, it means that you bear the burden of proof. So how do you prove that the landlord’s actions or inactions caused you emotional distress?
The truth, there is no standard evidence needed to prove such a case. That’s because each emotional distress case is unique.
That said, let’s look at some possible forms of evidence that prove critical in this type of case.
If you have any written communication or documentation that demonstrates the actions or behavior of your landlord that led to emotional distress, you should present that to your lawyer. This can include but is not limited to emails, letters, or text messages that contain offensive or harassing language from your landlord, threats of violence or any other harmful action against you, or discriminatory remarks.
You can also document any incidents or events that occurred during your interactions with the landlord. While doing so, make sure you note the dates, times, and descriptions of these incidents.
The same applies if there were any witnesses who were present during the incident. Make sure you obtain their contact information. Their testimonies further down the road can help establish a pattern of behavior and support your claim of emotional distress.
If you’ve suffered emotional distress, it’s likely that you’ll need medical attention. After that, you should gather relevant documentation to prove that you sought medical attention.
Medical evidence, in this context, may include medical records, therapy session notes, or any prescriptions or treatments related to the emotional distress. These documents can provide professional validation of your claim and also prevent the other party (your landlord) from denying the severity of your emotional distress.
Don’t leave out any physical evidence that could potentially support your claim; be sure to gather and preserve it. This could include photographs of damaged property, recordings of conversations or confrontations, or any other tangible evidence that demonstrates the impact of the landlord’s behavior on your emotional state.
What Are Some Real Life Examples of Situations that Could Demonstrate Emotional Distress Caused By a Landlord?
Cases of emotional distress caused by a landlord come in different forms. So it is important to understand what might count as legal grounds to pursue a claim or lawsuit against the said landlord.
Let’s explore some examples.
Think of a situation where you have been living in an apartment for several months, and your landlord repeatedly enters your unit without notice or permission. This invasion of your privacy can cause anxiety, fear, and a sense of violation. As a result, you may suffer from emotional distress.
Another example could be if your landlord engages in discriminatory behavior, such as making derogatory comments to you due to certain characteristics you may possess.
Legally, your landlord cannot discriminate against you because of your:
- Race, color, or ethnic background
- Gender or gender identity
- Religion or religious beliefs
- National origin or country of origin
- Status as an individual with disabilities
- Familial status, which includes being pregnant, having children, or being in the process of adopting a child.
- Sexual orientation
- Age (this protection applies to both older individuals and younger tenants, such as college students.)
Experiencing such discrimination can result in emotional anguish, humiliation, and a sense of helplessness.
That said, keep in mind that the specific protected classes may vary depending on the jurisdiction. Local fair housing laws may also provide additional protections beyond these examples. So it is important to understand the applicable laws in your area and your rights as a tenant.
Above all, you should consider hiring an attorney specializing in landlord-tenant disputes.
Another hypothetical example is when your landlord fails to address severe maintenance issues in your rental property, such as a leaking roof or persistent mold. Despite your repeated requests for repairs, the landlord consistently neglects their responsibilities.
Other examples include a situation where your landlord engages in harassment, such as making threatening or intimidating remarks, repeatedly contacting you outside of reasonable hours, or engaging in unwanted advances or retaliatory actions against you for asserting your rights as a tenant.
Has Anyone Ever Won an Emotional Distress Case Against Their Landlord?
Yes, such cases are not uncommon. For context, a Baltimore couple, Marshall and Tiffany Todman, were recently granted a monetary award of $186,000 by a federal jury. This compensation stems from their unfortunate experience of losing their personal belongings due to a city ordinance that grants landlords the immediate authority to seize items left behind during an eviction process.
Within the awarded amount, the Todmans received $36,000 to account for the value of their lost or damaged property. Additionally, they were granted an additional $150,000 to address the emotional distress they endured as a result of the incident. The jury recognized the significant impact on their well-being and sought to provide appropriate compensation for the couple’s suffering.
Final Thoughts on Suing a Landlord for Emotional Distress
Emotional distress is difficult to quantify. Only you can understand how much pain and suffering you encountered due to your landlord’s negligence. Luckily, you may be entitled to thousands of dollars if your claim is valid.
However, seeking compensation for emotional distress isn’t without its challenges. For instance, you’re entirely responsible for gathering sufficient proof to support your claim.
Whatever it takes, you deserve fair compensation for your anguish at the hands of your landlord. Contact an experienced emotional distress attorney to learn more about your legal options.
