QUESTION

What do I do if asked to move out in seven days from a room I have been renting in a private home?

Asked on Jun 12th, 2015 on Personal Injury - California
More details to this question:
I was served a notice to move because I complained about improper use of roach spray which caused me to have asthma attack. Roach also crawled in 4 year old son's ear under doctors care as we speak hearing has been affected and will be retested to determine permanent hearing loss. I want to move because of the above mentioned issues and last but not least there is no heat in the house, have to use electric heater which only heats the room I rent. What are my options can I sue her for re-payment of my rent or personal injury to myself and son?
Report Abuse

9 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
Update Your Profile
You "may" be able to sue for damages. I would suggest that you contact an experienced landlord/tenant and personal injury attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Jun 15th, 2015 at 12:32 AM

Report Abuse
In California,the landlord must give a 30 day notice [60 days if you have lived there more than one year] or a three day notice if you are damaging the property. ?I have no idea which state you live in and what the amount of legal notice would be. I doubt a cockroach crawling into your son's ear would cause any hearing loss, and it would be very difficult and costly to prove that. ?You would have to prove that the cockroach spray was misapplied and that the landlord reasonable would know it would adversely effect you [did you tell the landlord you had asthma?]. ?You would have to show what was your reasonable expectation of heat in your room and the rest of the house. ?Since you continued to live there, it is doubtful a judge would award all of your rent back because you got some benefit. ?You would have the burden of proving what damages you suffered. ?If you do file suit, what effect will it have on your being able to rent elsewhere? ?Few landlords will want to rent to someone who sues their prior landlord, even if was justified.
Answered on Jun 15th, 2015 at 12:27 AM

Report Abuse
You can sue, but you would have to prove with expert testimony that the roach spray caused the severe harm to your son. That can get expensive. You could also notify the City Housing people about the conditions.
Answered on Jun 12th, 2015 at 8:24 PM

Report Abuse
Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
Update Your Profile
If you are not behind in your rent she must give you a notice period equal to the term of your lease 30 days if month to month, 7 days if weekly. If you have damages, counter sue when she files to evict you.
Answered on Jun 12th, 2015 at 8:15 PM

Report Abuse
Ronald A. Steinberg
Get a lawyer immediately.
Answered on Jun 12th, 2015 at 7:58 PM

Report Abuse
Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
Update Your Profile
It is unlikely an attorney will accept your claim with such modest damages. Why would you want to stay in a roach infested, toxic room. The minor amount of refund a judge might allow will not be worth the effort to go through a court proceeding.
Answered on Jun 12th, 2015 at 2:16 PM

Report Abuse
James Eugene Hasser
It sounds like you will have to move out, but you need to look at your lease and see what it says about eviction. As far as personal injuries, it sounds like your son is the only one with a claim as you were not hurt. You may want to consult with an experienced injury lawyer. Good luck.
Answered on Jun 12th, 2015 at 1:38 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
Update Your Profile
Do you have a written lease agreement? If so, that rules. Otherwise, the landlord has to give you a notice of more than 30 days from the end of the next rental period. Same with you: you have to give more than 30 days notice before the end of the next rental period that you are moving out. You cannot withhold rent, but you can make a claim for abatement. You can sue for personal injury if you can prove that the spraying was improper and that it caused the damages that you claim.
Answered on Jun 12th, 2015 at 1:37 PM

Report Abuse
Personal Injury Law Attorney serving San Diego, CA at Law Office of Robert Burns
Update Your Profile
You have a duty to mitigate your damages. MOVE. There is no obligation to heat when heat is unneeded. The landlord is required to maintain the premises in habitable condition; otherwise, no rent is due until a Court orders it and the amount is for what's "reasonable" under the circumstances. This is a Small Claims matter unless there is provable substantial ear canal injury.
Answered on Jun 12th, 2015 at 1:35 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters