QUESTION

Can I sue the landlord for pain and suffering and not telling me it was going to be an issue with the light company?

Asked on Dec 06th, 2012 on Landlord and Tenant Law - Oregon
More details to this question:
I moved into an apartment and 25 days later I canโ€™t turn on my electricity because the property had a bad history with the power company.
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6 ANSWERS

No, you cannot sue for pain and suffering. You can move out, though, because your landlord cannot enforce the lease without providing electricity to the premises. Good luck.
Answered on Dec 20th, 2012 at 6:21 AM

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Economic damages may be possible for renting you an uninhabitable apartment such as rebate in rent but not personal injury damages for pain and suffering.
Answered on Dec 11th, 2012 at 3:02 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Dec 09th, 2012 at 8:02 PM

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Arts Attorney serving Berkley, MI at Neil J. Lehto
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You can sue but not for pain and suffering. Renting property to which electric service is unavailable is probably fraudulent. Your damages may be measured by the cost of getting electric service turned-on along with out-of-pocket expenses for other housing. A self-help remedy may include withholding rent until electric service is restored.
Answered on Dec 07th, 2012 at 12:12 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Most probably not, however you could seek and probably recover some form of abatement for rent given the fact that you have been occupying the property without electricity. This would be particularly true if the reason the electricity cannot be turned on is due to the landlord's prior failure to pay the bill.
Answered on Dec 07th, 2012 at 12:11 PM

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Kevin Elliott Parks
It's not clear here what the situation is with the electricity or what you mean by "history." Further, it's not clear what pain and suffering an electrical problem may have caused you, nor what you might be able to prove in that regard to a court or jury. However, a landlord does have a duty to provide tenants with a habitable residence, and their failure to do so (including not having electrical service) can provide the basis for a lawsuit. You should consult with a landlord/tenant in your area to further discuss the situation and investigate what options and recourse you may have.
Answered on Dec 07th, 2012 at 12:10 PM

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