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Filing suit in a Justice of the Peace Court is less expensive and
faster than doing so in County Court or District Court. You may
represent yourself in a Justice of the Peace Court. However, by filing
in a Justice of the Peace Court, you will be limited in some impor-
tant respects. First, the total amount you recover cannot exceed
$10,000, plus court costs. Second, the Justice of the Peace cannot
order your landlord to repair the condition, as described above.
Third, either party can appeal the case to the County Court for a
new trial and, thus, not be bound by the judgment of the Justice
of the Peace Court. One advantage to filing suit in County Court
or District Court is that, if you are successful, you can obtain a
court order to make the landlord repair or remedy the condition
that endangers your health or safety. However, filing suit in these
courts will probably require the expertise of a lawyer, the costs will
be higher, and it make take the court longer to review to your case.
Exception for Major Damage
Special rules apply if the unsafe condition results from an insured
casualty loss such as fire, smoke, hail, explosion, or similar cause. Under
those circumstances, the landlord is not required to start repairs until
her insurance company pays her. She still has a reasonable time after
receiving the insurance proceeds to complete the repairs. However, as
long as you or your guests were not responsible for the damage and the
premises are practically unusable for residential purposes, you (or your
landlord) may terminate the lease at any time prior to the completion
of the repairs by providing written notice, and you will be entitled to a
pro rata refund of any rent paid in advance and your security deposit
unless the landlord has reason to deduct an amount from the deposit
(such as for damage you caused to the premises). Alternatively, you may
be entitled to a reduction in rent proportionate to the extent the prem-
ises are unusable (unless the lease states otherwise). If you cannot reach
an agreement with your landlord regarding a rent reduction, you can file
a suit seeking rent reduction in either County Court or District Court.
Retaliation for Requesting Repairs or Exercising Your Rights as
a Tenant
Your landlord is restricted for six months from retaliating against you
because you gave her a repair notice, complained to a city code enforce-
ment agency, public utility, or civic or nonprofit agency, or exercised a
right or remedy granted to you by lease, municipal ordinance, or state
or federal law. Illegal retaliation occurs when the landlord, in retaliation
for your requesting repairs, complaining to a city inspector, or asserting
a right you have under your lease or another law, wrongfully terminates
the lease, files for eviction, deprives you of the use of the premises,
decreases your services, increases your rent, or engages in activity that
materially interferes with your rights under the lease. There are several
exceptions. For instance, your landlord can increase the rent if the lease
has a provision for an increase in the rent due to higher utility taxes or
insurance costs. The landlord may also increase the rent or reduce serv-
ices if it is part of a pattern of rent increases or service reductions for the
whole complex. Furthermore, the landlord can still terminate the lease
and evict you if you fail to pay your rent, intentionally cause property
damage to the premises, threaten the personal safety of the landlord or
the landlord’s employees, or break a promise you made in your lease.