[Sonsowey]

In my apartment, the ventilation in the bathroom has been broken for months, the landlord has been alerted many times, and no action is forthcoming. Further today I saw mice in the apartment, alerted my landlord, and the response was "oh get those glue traps".

Could I possibly sue my labdlord over the months-long lack of ventilation? Would it be worth it? I am talking about getting money out of this, not just forcing the repairs to be made.

I feel very disrespected as I pay my rent without issue and the basic upkeep of this place is not acceptable.

[TheFinalEpic]

The only thing you could sue for would be the fact that the apartment could be considered "uninhabitable." However, as it still sounds as if there aren't huge issues making the apartment unliveable, you would not win in this case. Now, the only money you would likely get back (in the event you had a case) is the rent over the course of the month(s) in which the property was not liveable. If there were injuries incurred, the landlord would also be liable (faulty wiring, etc.)

However, the issues are not significant enough to sue. Ventilation in a bathroom and mice (in the building) are not cause for a lawsuit against your landlord.

Correct me if I'm wrong guys!

[CaptainChardonnay]

Have you sent him a formal letter? It helps in court if you have formal letters dated. Also Have it sent by a mailman that takes his signature upon delivery so there will be no doubt that he received the letters.

[Veloce]

(12-06-2014 11:10 PM)Sonsowey Wrote:  

In my apartment, the ventilation in the bathroom has been broken for months, the landlord has been alerted many times, and no action is forthcoming. Further today I saw mice in the apartment, alerted my landlord, and the response was "oh get those glue traps".

Could I possibly sue my labdlord over the months-long lack of ventilation? Would it be worth it? I am talking about getting money out of this, not just forcing the repairs to be made.

I feel very disrespected as I pay my rent without issue and the basic upkeep of this place is not acceptable.

I'm no lawyer but I've been in several small claims cases. The laws differ from state to state.

You can't just sue them for money because the apartment has issues. You could possibly rectify the issues yourself like calling a pest control company and fixing the ventilation and taking that money out of your rent, but check your states laws regarding that.

Agree with sending letters and getting proof of receipt. You would basically tell them, "I'm doing such and such repairs, these are the costs, so next month my rent will be in this amount: xxx".

Depending on your landlord, they might decide to file a claim against you for unpaid rent, or evict you. Check your states laws, talk to one of the forum members that are lawyers, and make sure you have your facts straight before doing anything.

Your other option would be to move out and file a claim for damages relating to your moving costs. Ventilation would not be an adequate reason, but vermin infestation probably would be.

[tarquin]

It really depends on a number of factors including your state laws, local laws, your agreement with the landlord, and the way that the local judge handles things. It is unfortunately too broad of an issue for anybody here to effectively answer, and likely also too small of an issue for an attorney to handle without the costs exceeding the benefit. You could sue him yourself if you research all of the other factors.

I would first check with the local housing court to see if they have any pamphlets, or sometimes the State Attorney General has some sort of handbook. That would likely give you answers. All of this being said, there is "landlord-tenant" law and also what really happens. If it is bad enough I would just take pictures, break the lease and force him to sue you, then counterclaim for habitability and constructive eviction and ask to get your deposit back as well as retroactive reduction in rent.

[Dr. Howard]

Delete - Veloce beat me to it.

[Cr33pin]

As a Landlord myself I recommend not suing.... not because I have any inside insight. I just don't like the thought of tenants suing landlords

[spokepoker]

need Merangue's input on this, if he's that kind of lawyer.

[lurker]

You can sue in most jurisdictions for a breach of the implied warranty of habitability, but it doesn't sound like you really have much in the way of damages. Your usual option here is to fix the problem and take it out of the rent.

Send the landlord a demand letter by certified mail. You want to build a paper trail.

[Vitriol]

[L M McCoy]

Sue to terminate your contract and move.

[Sp5]

In some places, you can withhold rent, but you have to notify the landlord why. Then the ball's in his court.

You can also call the city building inspector to get the deficiencies cited.

[Hades]

I would just try to fix the air ducts myself and then bill him 50 bucks an hour labor and materials for it.

[Daddy]

In some places it's required by law to have a fan in the bathroom. He might be breaking the law by not having one, you should get some info on this