QUESTION

Do I have a chance of getting compensation from my old landlord and do you think the court will rule in my favor?

Asked on Jan 25th, 2013 on Landlord and Tenant Law - Nevada
More details to this question:
I was supposed to begin my tenancy at my previous address on 5/09/2012 but because the house was filthy the date was changed to the 6/09/2012, I was given a mop & bucket to clean house. Anyway, the house ended up being infested with fleas I noticed a few days after moving in so wrote in my property inspection report & sent it to my landlord. I tried contacting her but heard nothing back so decided to bomb the house myself. I stayed with relatives for 3days then returned home with my 5-month-old son, soon after returning home my son fell ill & was admitted to hospital with a severe skin infection secondary to his ongoing eczema, he had an allergic reaction to the flea bomb. After being discharged from hospital, I paid for accommodation elsewhere whilst paying full rent. I found out by the neighbor & maintenance guy that the property has always had fleas & they had been severely bitten on many occasions. They also told me the house had been fumigated twice before, so I felt my landlord knew of this but she denied the place ever had fleas & that her previous tenant could vouch for that (offered only a cell ph number & name). She offered to get the house fumigated, which wasnโ€™t an option because of my sons health. I ended up taking her to the tenancy tribunal I had the property inspection report, letter from my sons pediatrician, letter from neighbor & a dated description of my tenancy. I felt my case was strong but I canโ€™t prove sheโ€™s lying she flat out denied she knew of the fleas & had statements from her secretary & the maintenance guy (he didnโ€™t want to jeopardize his work load so would not support me) supporting her. The judge hasnโ€™t yet made a decision & said she needs to see if I have grounds to go for compensation because she offered to resolve the problem by fumigating. What do you think? Do I have a good chance in winning my case? itโ€™s clear that she knew of the reoccurring fleas if the house had been flea bombed & fumigated twice unfortunately I canโ€™t get it in writing!
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3 ANSWERS

Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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Its hard to answer this question without being present during your court hearing. The problem is that when a landlord offers to solve a problem and he/she is not allowed it hampers the tenant's ability to sue for damages. Goodluck to you in hearing back from the judge.
Answered on Feb 01st, 2013 at 10:06 AM

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Lisa Hurtado McDonnell
Well it I have learned that you have to prove your case. I not sure that you did that. You need to get proof that the landlord knew. I would have talked to the previous tenant. Tried to get signed affidavits from the secretary and the maintenance man before the hearing. Called all the companies in the local area to see if they have serviced the property. Hopefully the judge can tell if she lying and she believes you.
Answered on Feb 01st, 2013 at 10:06 AM

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It seems that you have a good case for fraud and a good defense against paying any rent. The Judge is hearing two sides of a story and trying to come up with a fair remedy. You may need a lawyer to help you in court.
Answered on Jan 31st, 2013 at 8:56 PM

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