Sunday, August 22, 2010

I need some legal advice on suing my landlord.?

First off, i want to know if i have a case, and secondly, if so, how strong, and on what points can this case be based on?





Here are the facts:


-We were told upon signing the lease, that the apartment would be renovated and up to code by june 1st.


-June 1st rolls around, we couldn't even move into our house until 6pm, because no room was finished yet.


-we were unable to unpack our belongings for about a week due to our bedrooms not being finished (well not finished, bu livable), and had to sleep on the floor/couch.


-they then said the bottom level (2 level house) would be done within a week. it wasnt, then it was 2 weeks, it wasnt, then 3, then a month, then a month and a week. they have gone back and forth between the upstairs and the downstairs and neither is completed yet. the stuff remaining yet is minor, yes, but its still not done. People are still coming in on random days to do a couple hours of work here and there.


-when workers come, they do not come every weekday, so it has been dragged out. they also do not call ahead of time, not once, saying they were coming. different people, at least 5 different guys have come to work on the house, so its very unsettling to not know when people are coming, getting woken up at 8am in the morning, to a random face.


-we have had a bat, a squirrel, and multiple mice (the mice are still in the house) in the house since we have move in less then 2 months ago. we told the landlord about the squirrel and mice (bat is more recent) and all they said is more or less ';yeah, mice are a problem, not really anything we can do about it'; they gave us 6 mouse traps, and told us to deal with it. well i have put peanut butter on them, set them up, and they havent caught anything yet.





sooo... its been almost 2 months, with these conditions, and the place is STILL not done. its livable, but the place still has problems. not only that, but the way the landlord had told us the place was going to look/be when we moved in, and the way it is turning out, is two completely different things.





so do i have a case or anything here? thank you for your time and reading this.I need some legal advice on suing my landlord.?
Did you get the repair intent in writing? The key to this is getting things DOCUMENTED. What does the lease say? What letters have you received?





First of all, when you contact your landlord, keep a written log of phone calls and send a letter going over what was said in the call for confirmation. Always send your communications in letter format by certified mail and keep a delivery receipt. If the apartment is not up to safety and/or health codes in your state, you are often within your rights to withhold rent until safety and health standards are up to code.





Check the laws in your state and your lease about unauthorized entry into the home. A lot of states require 24 to 48 hours notice.I need some legal advice on suing my landlord.?
Sure. Talk to the landlord and ask how much he is going to lower your payments for the inconvenience. When he says none, file a motion in court.
Yes, you do have a strong case, but it is based on a VERBAL AGREEMENT that the place will be ready by June 1st.


These are the question that you lawyer may ask.


Do you have it on writing?


Is the building not up to code? because if not, you will eaily win.


Do you have a builder inspector assessment? To have a water tight case.


How much money will you consider pain and suffering for this inconvenience.? Including expenses to battle bats, squirrels, etc.


Do you have a place to move into after you file in court? Because he can have you moved out, with a 30 days notice...He doesn't need a reason for it.
I am still trying to figure out why you ever moved in in the first place. You need to set up a special bank account where you deposit the rent on time, but tell your landlord he will not get any of it until the work is finished. You can send copies of the deposit slips ( you keep the original) to prove the rent was paid so he cannot start eviction.

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