Thank you for your question.
Under New York Real Property Law Section 227-a, you have the right to terminate your lease early if:
- You are at least 62 years old or you have a “disability” (as defined here), and
- You are certified by a physician as no longer able, for medical reasons, to live independently on the premises.
To terminate your lease under the above conditions, you must deliver written notice to your landlord (send it via “certified mail with return receipt requested” so you have proof of delivery). The notice must be accompanied by the physician’s certification and a notarized statement from your son (or other family member) stating that you are related and that you’ll be moving into his home for at least 6 months.
The termination of your lease will be effective 30 days after the date on which the next rental payment subsequent to the delivery of notice is due.
Before taking the above steps, I would recommend contacting Legal Services NYC. The organization helps low-income residents with housing issues. Their legal assistance hotline is open Monday through Friday from 9:30am to 4pm. Call 917-661-4500 to speak to an intake officer in any language.
Thank you for your question.
Lawyers don’t typically handle landlord-tenant disputes on a contingency fee basis. Nevertheless, you can use our free online directory to contact a Texas attorney near you and ask. You may also consider reaching out to one of the nonprofit legal organizations that offer free legal help to qualifying individuals in Texas.
I’m sorry this is happening to you.
New York law prohibits smoking in the common areas of residential buildings with 3 or more units. To report a violation, you can call 3-1-1 or file a report online.
Because your lease prohibits smoking, the tenant who is smoking is in breach of the lease. The best way to deal with this is to:
- Find out who is smoking (or where the smoke is coming from), and
- Write a letter to your landlord explaining the issue. (If you need help discussing the issue with your landlord, you can contact the New York Peace Institute at 212-577-1740.)
If your landlord fails to resolve the problem, you may need to meet with a lawyer to discuss your legal rights. You may be able to break your lease on the basis that your landlord is failing to provide a safe living space (see NY Real Property Law 235-b). There are, however, certain steps you must take before breaking the lease (including informing your landlord in writing). For this reason, it’s a good idea to meet with an attorney before doing so. If you can’t afford an attorney, consider contacting New York’s legal aid services.
The Oklahoma Landlord-Tenant Act requires that landlords keep all common areas (including the grounds) in a reasonably clean and safe condition. Whether or not a court imposes liability on a landlord for failing to keep the grounds reasonably safe depends on the specific facts of the case. At minimum, it must be shown that the landlord knew about the specific danger and failed to do anything about it.
I would recommend writing a letter to your landlord (send it with a return receipt requested so that you have proof it was received) explaining the problem and asking the landlord to repair the security cameras. You must then give the landlord a reasonable amount of time to repair the security cameras. If the landlord fails to do so, you may be able to legally terminate your lease. In addition, you may be able to sue the landlord for the damages to your vehicle.
However, I would recommend meeting with a landlord-tenant attorney before doing so.
Landlords have a duty to maintain common areas in a reasonably safe condition (Montana Code 70-24-303). You may be able to recover damages if you can prove that the landlord knew the garbage can was unsafe and failed to take steps to fix the problem.
I would recommend meeting with an attorney in your area. Most initial consultations are free and the attorney will be able to review the specific facts of your case and tell you whether you have a valid claim. You can find a Montana attorney in your area using our free online legal directory.
When there is a dispute about the meaning of an unclear term in a lease, the courts look to the intent of the parties to resolve the issue.
In this case, it seems clear that the parties intended the lease to be extended for a year (January 2021 to December 2021). If this was not the intent of the parties, there would have been no reason to sign a new lease (as the parties could have remained in a month-to-month agreement without signing a new lease).
In other words, based on the information you have provided, your landlord would likely win if she were to take you to court to enforce the lease agreement. I would recommend trying to resolve the issue outside of court. If you’re unable to do so, I would recommend meeting with a contract attorney and having them review the entire contract.
Utah law requires landlords to provide tenants with “habitable housing.” When your apartment is not fit for habitation (e.g., the conditions violate local housing codes), you are “constructively evicted” and can lawfully break your lease.
Constructive eviction is a common result when an apartment has a serious problem such as:
- No running water
- Flooding
- No working furnace
- Serious infestation
In extreme cases, you may be able to break your lease due to loud noises or unsafe odors. Regardless, before breaking your lease, the law requires you to follow certain procedures, including giving your landlord 24 hours to start fixing the problem.
I would recommend providing your landlord with written notice of the issues (send the notice via certified mail with return receipt requested so you have proof your landlord received the notice). If your landlord does not remedy the issues, I would recommend meeting with a landlord-tenant attorney in your area. If you think you qualify for free legal assistance, consider reaching out to the Utah State Bar Pro Bono Commission.
In New York, landlords are required to take minimal steps to protect against reasonably foreseeable harm. It sounds like your landlord was told about the criminal acts and failed to take minimal steps to protect you.
I would recommend sending your landlord a letter via certified mail with a return receipt requested describing the criminal acts that have taken place, the ongoing threat, and asking the landlord to take the minimal step of evicting the problematic tenant. You might also tell your landlord about New York’s program that allows the district attorney to aid landlords in evicting tenants who are selling drugs on the premises. You can learn more about the program here.
If the issue can’t be resolved, you can sue your landlord to evict the problematic tenant (and to represent your rights from being unlawfully evicted). I would recommend reaching out to a landlord-tenant attorney using our free online directory. If you think you might qualify for free legal help, you can contact the legal aid organization in your area.
I’m sorry this happened to your son.
Unfortunately, your landlord is probably not liable for the injuries to your son. In Washington, a landlord has a duty to use “ordinary care” to protect against “foreseeable” criminal acts. In this case, the intentional tort was probably not foreseeable. Your landlord might be liable if, for example, the other tenant’s son repeatedly threatened your son and the landlord knew about the threats and didn’t take reasonable steps to prevent the incident from occurring.
On the other hand, the boy’s parents may be held liable for the boy’s intentional tort under Washington’s parental responsibility law (RCW 4.24.190). Under the law, the boy’s parents can be held liable for damages up to $5,000.
Under RSA 540-A:3, your landlord is prohibited from entering your rental property without your permission unless it’s to make emergency repairs. Keep in mind that some rental properties don’t include the basement. Whether or not the basement is part of your rental property should be stated in your lease.
If your landlord continues to enter your rental property without your permission, you can file a 540-A petition with the court. However, I would recommend expressing your concerns to your landlord first and asking for information about what he was doing in the basement. Hopefully the matter can be resolved without having to go to court.
Unless the dog can be considered a “service animal” used by blind, deaf or disabled people, whether dogs are permitted is at the discretion of the building owner and is usually stipulated in the lease.
Tenants do, however, have the right to live in “reasonably safe housing” free of hazardous conditions. In some cases, a dog may cause housing to be unsafe. For example, if the dog has a history of attacking tenants and the landlord fails to do anything about it, the tenant may be able to break their lease after giving the landlord a reasonable amount of time to resolve the issue. Unfortunately, without a more concrete danger, your “feeling” that it’s not safe to be around the dogs is not sufficient.
New York has a free legal program that helps tenants with housing issues. It may be worth contacting the program to see if there are any other options available to you. You can find out more information about the program here.
Under Colorado law (Co. Stat. § 38-12-503), a landlord breaches the warranty of habitability if:
- The rental property is in a condition that materially interferes with the tenant’s life, health, or safety, and
- The landlord receives written notice of the problem and fails to remedy the problem within 96 hours
Whether or not the fumes created by your neighbor impact your life, health, or safety is a question of fact for a jury to decide. If you have given your landlord written notice and they have failed to remedy the problem, you can file a complaint in small claims court.
I’m sorry you’re going through this difficult time.
Renters insurance generally covers theft, water and fire damage, and certain bodily injuries. Without looking at your specific policy, it’s impossible for me to know whether you can receive compensation under the policy. I would recommend reviewing your policy and filing a claim if you think any of your losses may be covered.
Additionally, your landlord may be liable for some of the injuries you sustained, particularly if they knew that you were being assaulted by a tenant and failed to take any action.
I would recommend contacting a housing counselor at the United States Department of Housing and Urban Development (HUD). The counselor can provide free advice with respect to housing and rental issues. Additionally, you might consider reaching out to the Oklahoma State Bar Free and Low Cost Legal Services to discuss your legal issues with an attorney.
I am immunocompromised and have actually been at home not working for the past 14 months. Upfront, before coming, I asked him to respect my wishes to be serious about the COVID-19 pandemic and not do things that might put me at risk. He arrived on 5/27/20.
During his stay in June and July, he partied, refused to wear masks, and yelled at me when I asked him NOT to invite people over (I have a fantastic rooftop deck; a great place for parties). By early July, he came down with the COVID-19 virus. I actually had to leave my home quickly and rent a hotel to stay in for 10 days. When I finally came home, he had left “Aug Rent Money on the counter and took off for a 3-day bachelor party in Mexico, introducing the chances of bringing the virus back into the home again. So while he was gone, I changed the locks (7/31/20) and called him to say “I have changed the locks. You are too irresponsible and reckless during this pandemic and I cannot have you in my home. I kept the “Aug Rent” as he owes me more than this amount for expenses that he agreed to pay but had not yet paid to me.
He is threatening to sue me for his “Aug Rent.” Does he have any case at all?? PLEASE, help me! Thank you!
Before I answer your question, its important to understand a few things about subleasing an apartment in California. First, you are allowed to sublease an apartment unless your lease explicitly prevents you from doing so (I havent reviewed your lease). Second, subtenants must follow the terms of the lease. Third, a sublease can be terminated with 30-days notice if theres no end date listed on the subtenant agreement.
It sounds like you entered into an oral subtenant agreement with your friend. Though you asked your friend not to have guests over, it doesnt appear this was a condition of the agreement. Consequently, it doesnt appear that he breached the agreement. Further, it sounds like you ended the sublease without providing at least 30-days notice. Finally, you are withholding the August rent payment despite ending the sublease agreement in July without proper notice.
Based on the information you have provided, it appears that your friend will likely prevail if he sues you for the August rent.
I was told on the day of the incident that my neighbor was being evicted. I was told that she had 5 days to move. It has been over 2 weeks. I asked the manager why my neighbor is still here and the manager told me that my neighbor has an eviction notice but that the agency shes being housed through needs time to find her another place to stay!
There are other drug dealers on this floor as well.
Can you please advise me what I should do?
In Louisiana, landlords can be held responsible for the activities on their properties if it can be proven that they knew or should have known that those activities were causing damage.
In your case, your landlord has been made aware that a tenant is engaged in activities that are causing damage to the complex and to the health and safety of other tenants. Accordingly, your landlord probably has a legal obligation to evict the tenant. If your landlord fails to do so, you may be able to withhold your rent or break your lease.
With all that being said, landlords in Louisiana are required to provide tenants with notice (5 days, 10 days, or 30 days depending on the terms of the lease) before they can sue the tenant for eviction.
In your situation, its possible your landlord has to wait for the notice period to run before evicting the tenant. Its also possible that your landlord has already sued the tenant and is currently waiting for the court to force the tenant to leave the premises.
If you wish to pursue this matter further, I recommend reaching out to your local legal aid office.
Under both federal and California law, service animals must be allowed in apartments even if the apartment complex otherwise prohibits pets. Keep in mind that any kind of animal can be a service animal (including a pitbull).
However, under federal law (specifically, The Americans with Disability Act), a landlord can ban a dog if the dog poses a direct threat to the health or safety of others, has a history of such behavior, or is not under the control of the handler.
Accordingly, if you are bitten by the dog, you would be able to sue both the owner of the dog and the landlord for your injuries. Short of being bitten, you may be able to get an injunction to force the landlord to ban the dog from the apartment complex. However, you would have to prove to the court that the dog presents an immediate and severe harm, which is very difficult to prove.
Connecticut law (specifically, Title 47 of the General Statutes of Connecticut) provides that landlords have certain duties. One of these duties is to keep the premises in a fit and habitable condition.
Connecticut courts have acknowledged that, under certain circumstances, this duty to keep the premises in a fit and habitable condition includes the duty to protect tenants from the criminal conduct of others. The landlord only has this duty if the landlord (a) has knowledge of the criminal conduct, and (b) has complete control over the area.
In your case, it sounds like your landlord has knowledge of the criminal conduct. However, if you haven’t already done so, I would send your landlord a letter (with return receipt requested) describing the criminal conduct so you have proof of your landlord’s knowledge.
It also sounds like your landlord has complete control over the area. Accordingly, you may be able to force your landlord to evict the problematic tenant. To do this, I would recommend hiring a Connecticut attorney if you can afford it. If you cant afford an attorney, I would consider seeking help from your local legal aid organization or taking your landlord to small claims court.
I’m so sorry to hear that this is happening to you. It sounds like there are several ways in which your living situation is not feasible or safe. I encourage you to seek assistance to find another place to live.
There are resources in Texas to help with affordable housing, such as https://www.hud.gov/states/texas/renting and https://hhs.texas.gov/doing-business-hhs/provider-portals/long-term-care-providers/resources/promoting-independence/affordable-housing-resources. These are good places to begin. You might also contact this organization: https://www.tsahc.org/.
If you’re unable to find a better living situation through any of these resources, please contact your local bar association, which might be able to provide a referral to resources or a landlord/tenant attorney who can help.
I’m sorry to hear that you’re feeling uncomfortable in your home environment. You have a right to feel safe at home. You say you feel like you’re being watched or monitored, but do you know this for sure? Have you seen cameras or recording equipment in your home?
You also mentioned that someone almost came through your door, but it doesn’t sound like an attack took place. Regardless, it sounds as though there are issues with your neighbors and others in the community surrounding your home. It sounds like you’re wondering how to get out of your lease because the management company hasn’t responded to your complaints.
Yes, the landlord has a responsibility to keep your home safe and to take measures to prevent foreseeable harm. If you feel that the landlord isn’t meeting that standard, you should consult a landlord/tenant attorney for guidance.
Unless the landlord-tenant agreement says otherwise, landlords in Wisconsin (as stated in Wisconsin Statute 704.07(2)(a)(1)) are required to: “Keep in a reasonable state of repair portions of the premises over which the landlord maintains control.”
Whether or not your landlord is required to fix the pothole at issue depends on 2 things:
(1) Whether the pothole is large enough that it the area is considered to be in an unreasonable state of disrepair, and
(2) Whether or not the pothole is on the landlord’s property.
The second factor is the most concerning because the information you provided suggests that the pothole may be on the road instead of on the landlord’s property, in which case the town may be responsible for fixing.
In most cities and towns in Missouri, landlords are NOT responsible for maintaining smoke alarms. In fact, many cities and towns, including St. Louis, have ordinances that require tenants to “maintain functional batteries for each smoke detector.”
However, landlords in Missouri are required to make repairs if given notice about the item that needs to be repaired.
I would recommend making a written request to fix the smoke detector. It’s a good idea to send the letter to your landlord “certified mail with return receipt requested” so you have proof that the letter was delivered. If the repair is still not made, you may be able to have the smoke detector fixed yourself and deduct the cost from your rent. This option is available if the following conditions are met:
- You have lived on the property for at least 6 months
- You have paid all rent owed
- You have provided written notice to the landlord and allowed the landlord 14 days to respond
Recently, some of her friends have become her enemies. The other night around 4 in the morning, somebody came over, snuck up her balcony that’s connected to our kitchen, poured gasoline all over, and started a big fire in front of her door. Luckily, the other tenant smelled it right away and was able to put it out on her own. If she hadnt caught it, it would have blocked the exit for me and my mother and wed have had no way out. The tenant was on crack that night as usual so she waited 12 hours to notify the police and the fire department. The weekend before, there were actually four gunshots out front. The police showed up and couldn’t find the bullet holes anywhere in our area of the block. We live in connected row homes so there’s tons of houses in the general area. So we didn’t think much of it until today when we saw the bullet holes in the front of the house. We have the front of the house and this woman is on the side. There’s no way to prove the bullet holes are because of her but we know.
From my understanding, no arrests have been made for the arson attempt or anything else. This neighbors presence endangers the lives of everyone in this building. Sadly, I’m sure my landlord only cares more about her $500 rent check every month than her tenants lives. I understand we always have the option to move but things aren’t that easy especially in today’s economic climate. What are my rights as a tenant when something like this is going on?
I’m very sorry you’re dealing with this. Everyone has a right to live peacefully in their home and to feel safe and secure. Your landlord does have a responsibility to protect you from foreseeable harm. It’s their duty to maintain a safe, healthy, and hazard-free living environment.
There are a few options, here. You’d be justified in asking your landlord if your neighbor can be evicted, though that might be tricky. Governor Wolf signed an executive order in July that prohibits evictions because of COVID-19. There might be loopholes if it’s based on criminal activity and not failure to pay rent, but there are also local laws related to pandemic evictions. For example, the cities of Harrisburg and Philadelphia have orders in place that no evictions may proceed for tenants living within city limits.
If the neighbor stays, you might also inquire to your landlord about increased security measures for your home. For example, you might ask for additional fire alarms, bulletproof window coverings, additional door locks or property fences, or other enhancements that would either prevent or deter the kinds of events you mention in your question. It’s essential that you maintain a record each time you communicate with your landlord on this issue. You also need to be providing notice of poor conditions to your landlord in writing. The more you can communicate through letters, email, or even a text, the better. This will serve as proof that the landlord was on notice about the safety issues. Also, be sure that you keep a copy of all correspondence.
Since almost everything you’ve mentioned sounds like there are crimes being committed, the best course of action might be for you to call your local law enforcement for help. Certainly, if you become aware that a crime is in the process of being committed (like starting a fire), has been committed, or is about to happen, you should call the police right away. You said that you’re not sure that law enforcement can link the incidents so far to this neighbor, but if you call the police right away, that will help. The less time that passes between a crime and police being notified, the greater chance that they can catch the perpetrator. Whether or not they can link it to your neighbor in a way that makes her criminally responsible, it would still help for them to impose penalties on the individuals who are committing the crimes.
Finally, if you need additional guidance, you can contact a landlord/tenant lawyer in your area. If you decide that you have the ability to move and need to be let out of your lease or if you need help communicating your concerns to your landlord, a lawyer can help. The Pennsylvania bar association or your county bar might be able to assist you in finding low- or no cost resources. Best of luck!
In Missouri, landlords are required to make repairs within a reasonable period of time.
If your landlord refuses to repair your bathroom ceiling, you should make a written request for the necessary repair to be made and keep a copy of the letter. It’s a good idea to send the letter certified mail with return receipt requested so you have proof the letter was delivered. If the repair is still not made, you may need to seek assistance from a landlord-tenant attorney (try your local legal aid organization if you can’t afford an attorney) or take the landlord to small claims court.
In certain situations, you may be able to have the ceiling fixed yourself and deduct the cost from your rent. This option is available if the following conditions are met:
- The condition affects the sanitation, security, or habitability of the rental unit
- You have lived on the property for at least 6 months
- You have paid all rent owed
- You have provided written notice to the landlord and allowed the landlord 14 days to respond
But when the officer came back the next day (my husband was assaulted on a Sunday) the new super claimed that he was told that the cameras were disconnected. Both myself and the officer called the main office of my apartment company. We tried emailing and then leaving messages for the owner and highest manager to get the footage from corporate, which is where we were told backup cameras go to but only for 7 to 10 days. We kept getting the runaround, with nobody calling back and not answering.
Come to find out, the former super told me what was really going on because his cousin was now our current super. The new super was friends with the guy that knocked my husband unconscious and the office called him Monday morning saying to tell me and the officer who wanted to see the cameras that they were recently disconnected and he knows nothing about it. He let me and the officer into the camera room and the keyboard was completely gone. I called the old super and explained to him what it looked like in the room and he didn’t know if someone disconnected it.
The super later heard from his cousin that he was trying to protect his friend from getting in trouble. The new super kept playing stupid with us. My husband has sustained injuries to his neck. He has really bad cuts and scrapes, and a few teeth knocked out and pieces of teeth.
They kept telling us we could get the footage from corporate, but the lady in the office (who was also friends with the guy who hit my husband) kept blocking our calls to corporate and the owner. I left numerous messages and emails, and I mentioned that it’s pretty interesting that the super and his boss have no problem leaving thousands of dollars worth of tile and flooring in the parking lot in a city that has a lot of theft, and that they wouldnt leave it outside day after day unless they had cameras on it in case it was stolen. They still never moved the tile for 2 weeks.
I have had other things happen to me personally here and I was under the belief that we had security cameras to keep us safe. In fact, when I moved in the police were here a few weeks later looking at camera footage of a tenant trying to drag a drunk girl down the hall into his apartment against her will before she finally got away. Also, many tenants here deal drugs, even though it’s against the lease. My neighbor was raided here. They found cash and drugs and he was arrested, but they still let him live here.
He moved with his pregnant girlfriend to a bigger apartment on the 3rd floor. The tenant couldn’t smoke his weed so he was going into a vacant apartment on the 1st floor. Another tenant called the police because they heard all kinds of noise and people going in and out of an apartment that was supposed to be empty. When the police knocked on the door, I heard a loud crashing outside in the parking lot. I saw people running around and it looked like they broke into a car and drove off. Another neighbor yelled out the window that it was my car that had the back window smashed out of it.
I called the police and made a police report. The old super came here in the middle of the night to show the police the cameras and I saw everything on camera. I saw the tenant from the 3rd floor who was recently arrested for drugs, going in and out of the empty apartment with a bunch of friends who kept going in and out, and it looked like they were selling drugs outside and coming back in over and over again. Then, we see the police knock on the door on camera and then all of the people jumping out of the first floor apartment windows and running. The 3rd floor tenant jumped on my car, smashing my rear window which cost $1,000 to replace because I didn’t have full coverage with glass.
The tenant had a broken leg right after that and the landlords did nothing to compensate me. The guy didn’t even get thrown out! The old office manager told me to submit the police report and she would get corporate to do something to compensate me for everything and my aggravation. But she kept ignoring my calls and a month later was no longer even working for the company.
The tenant was recently killed in front of a hotel here in the same town. so as you can see I don’t feel safe hereespecially when the guys girlfriend who punch my husband told me that my husband is lucky she doesn’t have a gun or she’d pop him.
We then found out that the guy who hit my husband already has a court case against the girlfriend who started all the trouble to begin with, and I also found out from the old super that she’s not even allowed on the property and has been told. I still see her here daily.
These are just 2 things that I have been through here. I can bring everything else up if I have a case and a lawyer calls me. I have taken extensive notes since the time I moved in. I saved text messages and emails. Please help!
I’m sorry youre dealing with an uncomfortable and potentially dangerous living situation.
It seems like you have a few options. First, you might wish to consider moving to another residence. I realize that moving isn’t always an option. It can be expensive, difficult, and there might be limitations right now because of the pandemic. But, if you do decide that moving is your best choice, a landlord/tenant lawyer should be able to assist you in being released from your lease without penalty based on the situations you describe.
Second, if you’re unable to move out, it sounds like you’d just like to live in peaceful enjoyment of your home. You mentioned that you called law enforcement at the time your husband was attacked. Certainly, if you, your husband, or any other person appears to be in imminent danger, never hesitate to call the police for help. It sounds as though there are a lot of questions here about the condition of the property and the potential that crimes have been committed (and continue to be). You’re doing the right thing by saving your communications (texts and emails). If you see something that you believe is a criminal act, you should take video or photos if it’s safe to do so and make a report to the police.
A landlord has a responsibility to protect the health and safety of tenants by preventing harms that are reasonably foreseeable. While cameras are a good step toward preventing crime and injury, they’re not the only way to protect people. Arguably, the use of a camera can help identify someone who has already committed a crime but doesn’t necessarily prevent the occurrence from happening in the moment. If the area is known to have a substantial amount of criminal activity or if individuals are entering the property who shouldn’t be, your landlord can take steps in addition to surveillance cameras for example, gate security, building locks, and other measures to keep people out would go a long way toward protecting you and your property.
If you can’t get the result you need from your landlord, you can seek the assistance of a landlord/tenant lawyer. There are resources in Connecticut available to you, including:
Hello, Dennis. There are 2 parts to this question. First, your landlord is responsible for the people hired to care for the property. If an employee harms you or your property, the management or landlord can be held liable. It’s also the landlord’s duty to provide reasonable security for tenants. (You can read more about a landlord’s responsibilities here.)
Second, the individual who stole your things can be criminally prosecuted. If you believe you are the victim of a crime, you can contact the local police department, which might be able to recover your stolen items.
Depending on the value of the items stolen, you could file a small claims action against the landlord to recover costs for replacing your things, or you could file a traditional lawsuit. It’s also very important that you’re documenting your communications with the landlord. If you’ve reported that items were stolen, keeping records of that communication can be beneficial to you in a lawsuit because it proves that the landlord had notice of a hazardous condition (in this case, an untrustworthy employee). Saving sent emails, texts, or notes of phone calls or in-person visits can provide proof that the landlord was aware that you believe the employee was stealing your property.
If you need additional guidance or to file a lawsuit, I’d encourage you to use the Enjuris law firm directory to find a lawyer near you who can help you pursue your legal options.
Hello, Renee:
The apartment owner is responsible for the actions of other people hired to perform work on the property. Therefore, if the roofers caused damage to your belongings or an injury to your dad, then the apartment property owner should be liable. That said, since you’re now aware of a potentially dangerous condition because of nails left behind on the grounds or sidewalk, you also have a responsibility to avoid walking your dog in order to prevent injury. Florida follows a pure comparative negligence system of law, which means that if you’re entitled to damages from an injury, they could be reduced if you had any shared liability. If you continue to walk your dog in an area where you’re aware that there could be nails or debris, the defendant could argue that you could have avoided injury and didn’t. Again, that’s for an injury that hasn’t happened yet (not the ones that already took place).
If your dad’s injury cost money, and if you’re able to prove that the nail that injured his foot was left there by the roofers hired by your apartment manager, your dad could make a claim for any expenses related to the injury.
You can also submit a claim to be compensated for the damage to your property. You could be entitled to recover repair or replacement costs of the items damaged.
Under Oregon Revised Statute § 479.270, landlords are required to install working smoke detectors (along with written information for testing and maintaining the smoke detector) throughout each rental unit.
However, once the landlord provides a working smoke detector, it becomes the duty of the tenant to keep and maintain the smoke detector unless the tenant provides written notice to the landlord of a defect.
In other words, if your landlord failed to provide you with a working smoke detector when you moved into your rental unit, you may be able to recover damages from your landlord by filing a personal injury lawsuit based on negligence. To do so, you’ll need to prove that your landlord’s failure to provide a working smoke detector was the reason your rental unit burned down.
On the other hand, if your smoke detector failed sometime after you moved into your rental unit, you can’t recover damages from your landlord (unless you requested that your landlord fix the smoke detector) because it was your responsibility to maintain the smoke detector.
As for fire extinguishers, landlords in Oregon are generally nor required to provide fire extinguishers, although some municipalities may have ordinances to the contrary.
It may be worth talking to an attorney about your options. Most initial consultations are free. You can find one using our free online directory or the Oregon State Bar Attorney Referral Service.
New York’s Housing Maintenance Code § 27-2047 requires landlords and their employees to arrange for “prompt distribution” of mail to tenants and to “provide and maintain approved receptacles” for your mail.
Your landlord may be violating this code by locking tenant packages together in a closet. I would recommend reminding your landlord of the law. If a conversation with your landlord doesn’t help, you might consider calling and registering a complaint with 311. If that doesn’t work, you can consider taking your landlord to court.
Keep in mind that angering your landlord isn’t always the best course of action. One creative suggestion may be to set up a PO Box and have your packages sent there.
This person once punched a tenant in the face after the tenant asked if she had seen her dog, which she had taken to the animal shelter. Police were called but the person was not punished, even after she pepper-sprayed a neighbor’s teenager, threw trash on their car, and then threatened this young adult.
She has made physical threats but no one is willing to help — not the police or our landlord. She has said that she is going to throw me over the railing or push me down the stairs.
Hello, Kira:
I am so sorry to hear that you’re dealing with such a difficult person. It’s surprising to me that the police, in particular, won’t take action since it sounds like this individual is wreaking havoc on an entire apartment community and that her behavior is very dangerous to others.
Your landlord also does have a duty to keep the premises safe, especially if numerous people have reported this person’s behavior. It sounds like you should contact a lawyer for some additional guidance — they will take note of the specific facts of your claims, including names, dates, and reports, and can advise you of your options. You can also contact the Texas legal services hotline for additional resources. Finally, Texas Social Services might be able to help out, too. You can reach them at 211Texas.org.
Best of luck — I hope it all works out okay for you. Be well.
Under New York law, you have certain statutory rights. The two most common rights are as follows:
- Warranty of habitability requires a landlord to ensure that the apartment and the common areas are kept in a condition that is fit for human habitation; fit for uses reasonably intended by the parties; and free from conditions endangering or detrimental to life, health, or safety.
- Covenant for quiet enjoyment requires a landlord to refrain from conduct that “substantially and materially deprevies the tenant of the beneficial use and enjoyment of the premises for the purposes for which they were leased.”
Whether or not your landlord’s cooking violates either of these rights is a question for a judge or jury. I would strongly recommend attempting to work out the issue with your landlord. You might consider sending a letter (send it “certified mail with return receipt requested” so you have proof of delivery) explaining that you believe your rights are being violated and requesting that your landlord refrain from cooking in the common areas during late night hours.
If reasoning with your landlord doesn’t work, consider gathering evidence of their behavior (along with your requests for them to change their behavior), and file a complaint at your local New York housing court. If you need a lawyer to help you with the process, consider contacting the New York State Bar Attorney Referral Service.
Alaska adopted the Uniform Residential Landlord and Tenant Act (AS 34.03.010). The Act establishes specific statutory duties for landlords and tenants.
Among other things, the Act requires that landlords:
- Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.
What’s more, under Alaska common law, if a landlower is aware of a concealed condition involving an unreasonable risk of harm to those coming in contact with it, a failure to warn or repair the dangerous condition constitutes negligence.
In your case, your landlord may have violated the Uniform Residential Landlord and Tenant Act and committed common law negligence by failing to warn you about or repair the screw.
I would recommend keeping copies of all your medical records. In addition, I would take several photographs of the screw coming through the floor.
If your damages are less than $10,000, you can consider filing a lawsuit against your landlord in small claims court without a lawyer. Otherwise, you’ll probably want to get in touch with a lawyer to discuss your case and possibly file a lawsuit. You can find a lawyer near you using our free online directory.
I’m sorry you had trouble with your roommate.
It’s possible that your roommate was negligent when they turned off the electricity without providing notice. It’s also possible that the action constitutes a constructive eviction. A “constructive eviction” occurs when there’s an interference in a tenant’s use and possession of a leased premises.
The damages in your case are roughly $900. Accordingly, it’s probably not financially wise to hire an attorney. I would recommend trying to work out a settlement with your roommate or taking your roommate to small claims court.
Under New York law, landlords have a responsibility to evict known drug dealers. Landlords can do so through the Narcotics Eviction Program (NEP).
If your landlord knowingly allows a drug dealer to live in a rental unit, they may face criminal penalties. What’s more, your landlord can be sued if someone is injured or otherwise bothered by the drug dealer.
There are a couple of things you can do to remedy the situation.
- Notify your landlord. To hold your landlord liable, you’ll need to prove that they knowingly allowed a drug dealer to live in a rental unit. Consequently, you should send your landlord written notice describing the problem (send the notice by “certified mail with return receipt requested” so you have proof the landlord received it).
- Call the police. Once there has been an arrest in the apartment, the landlord will typically receive a letter from the District Attorney’s Office indicating that there has been illegal drug activity in the apartment and directing them to evict the tenant.
- Contact an attorney. If you still can’t resolve the issue, you can contact an attorney near you. Alternatively, you can take the matter to New York City Housing Court or small claims court depending on where you live. If you choose to take the matter to court, be sure to bring along the receipt from the notice you sent to your landlord, along with any proof you have that the tenant is a drug dealer.
In order to evict a tenant in Michigan for reasons other than nonpayment of rent, a landlord must serve the tenant with a 30-day legal notice.
Once the 30-day deadline has passed, the landlord may take court action to initiate a legal proceeding to force the tenant to move out of the rental unit.
Assuming you received a 30-day legal notice and assuming the eviction is proper, the law requires you to move out by December 10, 2021. If you fail to do so, the landlord can initiate legal proceedings to force you out.
Keep in mind that you can always ask your landlord for more time. Alternatively, you can request a hearing if you believe the eviction is improper.
You might consider contacting Michigan Legal Aid for additional help.
I’m sorry you’re having trouble with your neighbors and your landlord.
First, it’s important to recognize that some forms of marijuana are now legal in Louisiana. What’s more, there is no state-wide law banning smoking in apartment buildings. Unfortunately, the Louisiana Smoke Free Air Act does not apply to apartment buildings.
With that being said, there are steps you can take to remedy the problem.
Step 1: Review your lease. Does your apartment complex have a no-smoking policy outlined in the lease? If so, remind your landlord that they need to enforce the policy. Here are some good enforcement tips to share with your landlord.
Step 2. Talk to your landlord. If there isn’t a no-smoking policy in your lease, talk to your landlord about adding one. Explain that the benefits include fewer fire hazards, reduced fire insurance premiums, reduced stains and odors, and fewer potential lawsuits.
Step 3. File a lawsuit. As a last resort, you can file a lawsuit. Tenants have successfully sued landlords on grounds such as nuisance or a breach of the duty to keep the rental habitable. You can consider filing a lawsuit in small claims court without an attorney, or you can consider hiring an attorney.
I’m sorry this happened to you.
I’m assuming that you live in an apartment complex.
In Pugh v. Holmes, the Pennsylvania Supreme Court ruled that landlords have a legal duty to provide their tenants with a unit that is safe, sanitary, and reasonably comfortable. This legal obligation is called the “warranty of habitability.”
Due to the collapse of your ceiling, your unit is no longer safe, sanitary, or reasonably comfortable. As a result, your landlord has a legal duty to repair the ceiling in a reasonable amount of time.
The first thing I would recommend is sending your landlord a written letter requesting that they fix your ceiling. Send the letter “certified mail with return receipt requested” so there’s proof the landlord received the letter.
If your landlord fails to fix the ceiling in a reasonable amount of time, you have 3 options under Pennsylvania law:
- End your lease and move with no further duty to pay rent,
- Make the repairs yourself and deduct the cost of the repairs from your future rent (keep receipts and invoices), or
- Withhold all or part of the rent until the landlord fixes the problem. If you withhold rent, put the withheld rent in a separate bank account until the problem is resolved.
Hello, Mildred:
I am sorry you’re dealing with this. Unsafe and unsanitary conditions in your apartment building or living space are absolutely not acceptable. HUD or not, it’s the landlord’s responsibility to maintain a clean, habitable, and safe environment.
Human waste in common areas of an apartment building is not sanitary. You also should not be living without heat if the temperature is cold where you are.
You can contact the Pro Bono Resource Center of the State Bar of Georgia for guidance and low- or no-cost legal options. You can also make a complaint to HUD, directly: https://www.hud.gov/topics/housing_discrimination.
Best wishes. I hope you’re able to work this out quickly!
Hello, Rachel:
It’s hard to gauge what’s happening here without some additional details. For instance, you mentioned that you paid the motel $700, but it’s unclear to me if that was the total amount you owed to cover your room for the time you were in jail. If you were not paying for the room, the motel would have been under no obligation to maintain it for you. A motel guest doesn’t have a lot of legal protections, unfortunately. However, if you’ve occupied a motel room for 30 consecutive nights, you could be considered a tenant under California law.
While becoming a tenant would give you some legal rights, you would lose them if you left the motel during the time you were in jail.
Even as a tenant, you can be evicted if you don’t pay for your room. The motel would provide you written notice demanding payment within 14 days. If you don’t pay, you could be evicted. If you believe that your payment on the room is up to date and you’re being unlawfully prevented from entering, you could call a landlord/tenant attorney or your state bar association to find some low-cost resources for legal help.
Under North Carolina General Statutes § 42-42, landlords are required to:
- Comply with the current applicable building and housing codes, and
- Make all repairs and otherwise do whatever is necessary to put and keep the premises in a fit and habitable condition
To withhold rent, you need to first provide written notice of the repairs you want made. Send the notice to your landlord “certified mail with return receipt requested” so you have proof that your landlord received the notice. Then, if your landlord doesn’t fix the issue in a “reasonable amount of time,” you can withhold your rent.
I would also encourage you to consider reporting the housing violation to the appropriate housing agency or even the local fire department. The agency can investigate and then give the landlord notice of the violation and a deadline to fix the violation (typically 30 days or less). If your landlord refuses to fix the violation, he faces fines and even imprisonment.
I’m sorry you’re having a difficult time with your neighbor.
The Oregon Residential Landlord and Tenant Act, sets the rules that landlords must follow. Among them, your landlord is responsible for ensuring the peaceful enjoyment of the premises for all tenants.
If your neighbor is being excessively noisy, I would recommend sending your landlord a letter (send the letter “certified mail with return receipt requested” so you have proof of notice) explaining the issue and asking your landlord to take reasonable steps to fix the problem. Include any documentation of the noise and your attempts to resolve the problem.
If your landlord fails to take action, you can file a nuisance lawsuit against your neighbor for money damages or you can file a lawsuit against your landlord for failing to enforce the rental agreement.
Keep in mind that noise complaint lawsuits are difficult to win. What’s more, your neighbor may be protected under certain federal and state anti-discrimination laws. If you can’t resolve the issue outside of court, you should consider meeting with an attorney in your area.