QUESTION
Can I sue my apartment manager for not taking care of us after a flood made my home unlivable and dangerous to live in?
Asked on Jun 24th, 2015 on Personal Injury - Michigan
More details to this question:
I was forced out of two apartments in five days due to flooding, rot damage, and mold in both of them. My two kids and I had been originally put up in a hotel until the management moved us into another unit nearby until our home was going to be repaired. The next day had to be removed from the second apartment for the same thing. It has been almost a week since this happened, and property management has not returned any of my calls and has not done any work to the apartment. The do not act like they care that my place is uninhabitable for anyone, especially someone with kids. I am very afraid to go in my home because of the amount of water that is still in there, and I do not want to get electrocuted or breathe in something infectious. What can I do now?
5 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
at
Law Office of Robert Burns
Update Your Profile
The common law of this State holds that there is an implied warranty of habitability in every residential tenancy. Yours has obviously been severely breached. It translates into the landlord being able to recover only the fair rental value of the premises in their dilapidated state and only once agreement or Court order establishes that value. Independently, you can sue for breach of contract, nuisance, and negligence. You are obligated to mitigate your losses by seeking alternative housing; presumably you won't be returning to those premises.
Answered on Jun 25th, 2015 at 2:30 PM
James Eugene Hasser
It depends on what is in your lease, which should set out the rights and obligations of the parties. I would think for certain you would have a breach of contract claim, though. Consider consulting an experienced lawyer familiar with real estate law. Good luck.
Answered on Jun 24th, 2015 at 7:51 PM
Bankruptcy Attorney serving Madison, WI
at
Richard B. Jacobson & Associates, LLC
Update Your Profile
You could call your municipal housing department, make a complaint, and ask if your rent can abate during the time your home is not habitable. Also, if you are in Madison you can call the Tenants Union, which has more experience than anyone else in dealing with landlords over problems. Good Luck.
Answered on Jun 24th, 2015 at 7:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
at
Andrew T. Velonis, P.C.
Update Your Profile
In part it depends on the reason for the flood. If it is due to a natural disaster, then that's what you (should) have renteres insurance for. If it is due to some defect in the property, such as pipes bursting, then you can find temporary housing and deduct the cost from your rent. If that's what you do, let them know what you are doing and why, so that they have a chance to take further action on your behalf.
Answered on Jun 24th, 2015 at 2:24 PM
Ronald A. Steinberg
Read your lease. There might be a clause that protects the landlord in case of an "Act of God." If not, then you might have a breach of lease claim IF they are not promptly acting to provide you with a safe and habitable place to live.
Answered on Jun 24th, 2015 at 1:57 PM