Deciding Whether to Go to Court

Because court cases can be lengthy, expensive, time-consuming, and emotionally draining, consider whether you have tried all the reasonable alternatives. For example:

• Have you contacted your landlord in writing more than once about making repairs, without results?
• Have you contacted your city or town’s Board of Health or Inspectional Services?
• Do other tenants have similar problems, and have you met with them to discuss taking action as a group?
• Should you withhold rent or use the "repair and deduct" law?
• Are there community groups in your area that work with tenants needing assistance?
• Would your landlord consider voluntary mediation through a community program?
• If you owe rent, can you work out a payment plan for back rent that is realistic?

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 and are part of the court’s final decision, which is called a judgment. A judgment in your favor gives you the right to pursue certain remedies. The remedies are different based on whether your case is a civil case or a criminal case. You may ask the court for any or all of the following remedies, depending on the circumstances in your case.

Civil Remedies

• Money damages: A judge can award you money or damages to compensate you for the harm that you have suffered. The law calls money awards damages.
• Injunction or restraining order: A judge can order your landlord to do something to correct a problem or to stop doing something that is illegal. This order is called an injunction. The most common injunction that tenants use is called a temporary restraining order, or TRO. You can get a TRO to order your landlord to let you back into your apartment if they locked you out, to fix the heat if they refuse to repair it, or to prevent very serious conditions from getting worse. A TRO is the fastest type of order that you can get from a court, but it also ends quickly. When a TRO ends, you can ask the judge to keep the order active for a longer period of time.
• Appoint a receiver: A judge can appoint another person to take over the management of your building and make repairs. This is usually a remedy of last resort. For more information, see Chapter 8: Getting Repairs Made – Receivership.

In addition to the remedies listed above, a court may provide staff to help you resolve your problem through voluntary mediation. For more about mediation, see Chapter 12: Evictions – Settling Your Case and Chapter 14: Using the Court System - Mediation.

Criminal Remedies

• Criminal Sanction: A judge can fine or jail your landlord for a violation of criminal law.

If you feel that one or more of the remedies listed above would help you, going to court may be a good approach to solving certain problems. For example:

• Do you want a court to order your landlord to make repairs?
• Do you want a court to order the landlord to rent to you because a landlord made a decision not to rent to you based on illegal discrimination?  
• Do you want your security deposit back?
• Do you want to be compensated for living with bad conditions and not receiving the full value of your apartment?

These are all reasons to seek help from a court.