Brown and Crouppen only handles injury cases, so we are not experts in landlord-tenant law. But our clients sometimes have these sorts of problems, so we've set up this webpage for some practical advice.
Should I Sue?
Why you are considering a lawsuit? Are you asking for something the law or a contract requires? If so, a lawsuit might make sense. If what you really want is revenge, think twice. Take a few days to cool off. There may be better uses of your time and energy.
Hire a Lawyer or Go "pro se"?
Lawyers can be expensive. Representing yourself without an attorney is called "pro se." ("for oneself.") A good rule of thumb is — if the case can be handled in small claims court, you may not need an attorney.
If your case cannot be handled in small claims court, please consult a qualified attorney.
How to Find an Attorney?
- Talk to friends and family.
- Low income people in Missouri can contact Legal Services in their area by searching at this website: http://www.lsmo.org/Home/PublicWeb/LegalSvcs
- Low income people in Illinois can go here: http://www.lollaf.org/home.html
- Call a referral service. Missouri has three lawyer referral services:
- In St. Louis, call the St. Louis Metropolitan Bar Lawyer Referral Service at 314-621-6681.
- In Springfield, call the Springfield Metropolitan Bar at 417-831-2783.
- For the rest of Missouri, call the Missouri Bar Lawyer Referral Service provide at: 573-636-3635.
- For another state, the Missouri Bar has contact information available for other states' referral services at 573-636-3635.
Can it be Settled Without Going to Court?
A successful settlement involves everyone winning something. It helps if you consider the other side's point of view. Why are they doing what they're doing?
How to Negotiate
- Be reasonable. Want your security deposit back? A reasonable outcome is getting all or most of the deposit back and nothing more.
- Plan your argument. Write a simple, unemotional explanation of why the other side is at fault.
- Put it in writing. Make it simple and use good grammar.
- No name calling. It backfires.
- Send your letter by certified mail.
- Include copies of relevant documents with your letter.
- Keep copies for yourself.
Small Claims Court — When Negotiations Don't Work
Small claims courts allow people to present their claims to a judge without the expense of hiring a lawyer.
- Missouri: In Missouri, the cap on small claims is $3000. More information on the Missouri small claims court process can be found here: http://www.mobar.org/da48a652-2eaa-4adb-b9f0-ae0007b77912.aspx
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Illinois: In Illinois, the cap on small claims is $10,000. More information on the Illinois small claims court process can be found here: http://www.illinoisattorneygeneral.gov/consumers/smlclaims.html
