Deciding to Go to Court

Before you decide to go to court, you should carefully evaluate the following:

• What you want,
• Whether you have a good case,
• Whether there are other ways to resolve your problem, and
• Whether you need and can get an attorney.

What Can a Court Do

If your landlord violates the law, there are a number of ways that a court may be able to help you. These are called remedies. You may ask the court for any or all of the following remedies, depending on the circumstances in your case.

• Injunction: A judge can order your landlord to take action to correct a problem or to stop doing something that is illegal. This order is called an injunction. The most common type of injunction that tenants use is called a temporary restraining order, or TRO. A TRO is the fastest type of order that you can get from a court. You can get a TRO to order your landlord to let you back into your apartment if she locked you out, to fix the heat if she refuses to repair it, or to prevent very serious conditions from getting worse.
• Money Damages: A judge can award you money to compensate you for the harm that you have suffered. The law calls money awards damages.
• Judgment: A judge can give you an official opinion that interprets the law, tells you your rights and obligations and your landlord's rights and obligations, and tells you who won the case. This is called a judgment.
• Criminal Sanction: A judge can fine or jail your landlord for a violation of criminal law.
• Receivership: A judge can appoint another person to take over the management of your building. This is usually a remedy of last resort. For more information, see Chapter 11: Receiverships.

In addition to the remedies listed above, a court may provide staff to help you resolve your problem through mediation. For more about mediation, see Pros and Cons of Mediation in Chapter 13: Evictions.

What Do You Want

If you feel that one or more of the remedies listed above would help you, it is then important to have a clear idea about what your goal is so you can tell a judge what you want.

• Do you want a court to order your landlord to make repairs?
• Do you want a court to order a landlord to rent an apartment to you, when the landlord has discriminated against you by not choosing you as a tenant?
• Do you want your security deposit back?
• Do you want to be compensated for the harm that you have suffered?
• Do you feel that your landlord should be fined or put in jail because of how she has treated you?

These are all valid reasons to use a court. Tenants (and landlords) should not use the court system to intentionally harass, intimidate, frustrate, or hurt someone.