I’m sorry you’re having trouble with your neighbor.
False reporting is usually classified as a low level misdemeanor. As for the noise issues, I would recommend writing a letter to your landlord explaining the issue and asking your landlord to take steps to ensure that the tenant is not unreasonably loud.
If you decide you want to pursue a legal claim, I would recommend contacting the Illinois State Bar Lawyer Referral Service. The operators will ask you about the issues you’re experiencing and connect you with an attorney who can help.
Your landlord has breached Florida’s warranty of habitability if:
- The rental property is in a condition that materially interferes with your life, health, or safety, and
- The landlord receives written notice of the problem and fails to remedy the problem within 7 days.
Whether or not the black mold impacts 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.
If you think you may want the assistance of an attorney, I recommend contacting the Florida State Bar Attorney Referral Service.
I’m so sorry all of this is happening to you.
In Washington, a landlord has 24 hours to begin repairing a dangerous condition that is an imminent hazard (RCW 59.18.070(1)). In all other cases, the landlord has 10 days to begin making repairs (RCW 59.18.070(3)). What’s more, a landlord is prohibited from taking retaliatory action (harassment, eviction, etc.) in response to a request to repair a dangerous condition (RCW 59.18.250).
If your landlord failed to remedy the mold problem, and the mold caused your health problems, you may be able to sue your landlord for damages. Keep in mind that it might be difficult to prove that the mold—and not something else, such as your genes or another environment—caused your health problems.
I would recommend meeting with a landlord-tenant attorney in your area. Most initial consultations are free. The attorney will be able to review the details of your case and steer you in the right direction. If you think you may qualify for free or reduced-cost legal help, I would recommend reaching out to the Washington State Bar.
I’m so sorry this happened to you.
You can certainly file a civil lawsuit against the perpetrators of the crime. There is no statute of limitations for rape in Nebraska, meaning you don’t have to file the lawsuit by a certain date.
You may be able to sue the building owner if the building owner knew or should have known about the danger and failed to take any steps to protect you.
I would recommend meeting with an attorney in your area to discuss your legal options. You can find one using our free online directory. I would also recommend reaching out to a support group to help you through this difficult time.
I’m so sorry this happened to you.
You can certainly press criminal charges against the assailants and file a civil lawsuit for the damages caused by their actions under intentional tort law.
You may also be able to file a lawsuit against your landlord.
In Missouri, landlords have a duty to use “ordinary care” to protect against “foreseeable” crimes (See Aaron v. Havens, 758 S.W.2d 446, 447 (Mo. banc 1988).). In your case, the assault may have been foreseeable, particularly if you told your landlord about the first assault. Accordingly, your landlord might be liable if they failed to take any reasonable steps to make the apartment safer after the first assault (such as installing locks, security lights, or security cameras).
I would recommend meeting with an attorney in your area to discuss your legal options. You can find one using our free online directory.
I’m sorry you are going through this difficult time.
In Texas, landlords have a legal obligation to repair conditions that “materially affect the physical health or safety of an ordinary tenant.” (See Texas Property Code 92.056). Not all types of mold are toxic. However, if the mold in your apartment is toxic, your landlord has a legal duty to have it removed in a “reasonable amount of time.” In most situations, Texas courts have held that 7 days is a “reasonable amount of time.”
Importantly, a landlord cannot evict you for complaining about mold. (See Texas Property Code 92.331). What’s more, even for nonpayment, most evictions are currently on hold in Texas. Finally, to evict you, your landlord has to go through the following steps:
- Notice to Vacate. Your landlord must give you at least 3 days to move out before they can file an eviction suit, though it could be shorter or longer according to the lease.
- Filing of Eviction Suit. The eviction hearing cannot take place for at least 10 days after the petition is filed.
- Judgment. Once a judgment has been issued, no further action can take place for 5 days to give the parties the opportunity to appeal.
- Appeal. If the tenant files an appeal, the hearing cannot take place for at least 8 days.
- Writ of Possession. Once there is a final judgment, the landlord can ask the judge for a writ of possession. The constable must post a 24-hour notice before “executing the writ” and removing your property from the rental.
I would recommend speaking to a landlord-tenant attorney. You can find one using our free online directory. If you think you might qualify for free legal help, you can reach out to the State Bar of Texas referral service.
I’m sorry you’re going through this difficult time.
In Florida, landlords are required to provide a home that is safe and meets housing code requirements. Additionally, landlords are required to make reasonable repairs when necessary.
If your landlord fails to meet housing codes or make reasonable repairs when necessary, you can withhold rent. To do so, you must first give your landlord 7 days’ written notice so the landlord can fix the issue. (See Florida Statutes § 83.60). If the landlord doesn’t fix the issue, you can withhold your rent and seek court permission to spend part of it to do what the landlord should have done.
For help dealing with your landlord, contact a Florida landlord-tenant attorney in your area using our free online directory. If you think you may qualify for free legal aid, contact the Florida State Bar referral service.
I can prove breach of fiduciary duty as employer and landlord purposefully employing with the intention of not compensating, misclassification tax evasion, wrongful termination and direct profit and theft of wages by unlawfully deducting coerced debts at a higher level than the actual bill (pocketing 50 percent or more of daily wages that disallow minimum wage and overtime pay).
Hello. I’m sorry you’re dealing with this. It sounds like a complicated and distressing situation. I’m not entirely clear on the facts — whether your landlord and your employer are the same party, for instance. Regardless, you have a right to be safe in your home and to be free from the type of treatment you describe.
My suggestion is that you seek the guidance of a local landlord/tenant or employment lawyer who can assess all of the information, review your lease contract and the terms of your husband’s employment, and assist you to find a more satisfactory living situation.
There are low- or no-cost services available through Texas Legal Services, or you can contact the state bar association for more information or referrals to affordable legal services. Best of luck. I hope the situation is resolved quickly.
It sounds like you may be able to file a premises liability claim against the owner of the metro station (usually a government entity).
The California State Bar Association has some helpful resources to help you resolve a dispute with your attorney.
Keep in mind that you have a limited amount of time to file a lawsuit in California (the time is especially limited when suing the government). Consequently, if your attorney hasn’t yet filed a lawsuit, you might want to consider terminating the relationship and finding a new attorney immediately so you don’t risk missing the filing deadline (at which point you would be barred from filing the lawsuit altogether).
If you need help finding an attorney in California, you can use our free online directory.
I’m sorry this happened to you.
Under California law, a landlord has a duty to take “adequate and reasonable steps” to protect tenants against the criminal acts of another person on the property if the conduct can be “reasonably anticipated” (see Castaneda v. Olsher).
It sounds like your landlord was told about the potential criminal acts and failed to take reasonable and adequate steps to protect you. As a result, you can sue your landlord (for damages and to force the landlord to evict the problematic tenant). I would recommend reaching out to a California landlord-tenant attorney. You can find one using our free online directory. If you think you qualify for free legal help, I would reach out to the California State Bar. You might also consider forgoing an attorney and taking the case to small claims court.
In the meantime, I would recommend sending your landlord a letter via certified mail with return receipt requested, describing the criminal acts that have taken place, the ongoing threat, and asking the landlord to take the “adequate and reasonable step” of evicting the tenant. You can even include statements from the witnesses in the letter. This way, you’ll have proof that any future criminal acts should have been “reasonably anticipated” by the landlord.
Under the warranty of habitability, tenants in New York have the right to a liveable, safe, and sanitary apartment. If a landlord fails to provide a liveable, safe, and sanitary apartment, tenants have several options, including terminating their tenancy and reducing their rent.
It sounds like you have already moved out of your apartment. In this case, you may be able to recover damages (medical expenses, etc.) from your landlord if you can prove that:
- You notified your landlord about the infestation,
- Your landlord failed to take the appropriate action (this may be difficult to prove because your landlord sent exterminators to the apartment on several occasions), and
- The infestation caused your injuries.
I don’t know enough about hantavirus to know whether you will have a difficult time proving that the infestation caused your illness. Similarly, I don’t know enough about the actions taken by your landlord to know if those actions were reasonable under the circumstances.
I recommend meeting with a landlord-tenant or personal injury attorney in your area. Most initial consultations are free. When you meet with the attorney, be sure to bring copies of all the communications you’ve had with your landlord about the issue. Also, bring along any medical records you have related to the hantavirus.
If a tenant’s negligence caused a fire in an apartment, the tenant may be liable for the damages. However, before a collection agency could legally seek money from the tenant, the landlord would have to get a judgment (through the court) against the tenant.
If your brother has a judgment against him, there is little he can do at this point other than to work out a payment plan with the collection agency. On the other hand, if your brother does not have a judgment against him, then he should look at whether his insurance will cover the damages.
To sort this out and determine whether a judgment has been entered against your brother, I would recommend having him meet with a landlord-tenant attorney or a debtor’s rights attorney in his area. Keep in mind that it may not make financial sense to pay an attorney to litigate a $5,000 dispute. Nevertheless, most initial consultations are free and your brother should be able to get some clarity by meeting with an attorney.
I asked if the unit had been disinfected and cleaned, to which the response was laughter. It took months of the original unit failing multiple times to garner this attention. Since the unit installation (September 2020), we have had unusual chest congestion and lethargy. We live in Florida and use the AC constantly. I change the filter monthly, religiously.
This landlord does not email or text, prefers phone calls only so nothing is in writing.
It’s your landlord’s responsibility to maintain a safe living environment for tenants. You’re correct to request cleaning and sanitizing of an AC unit. Aside from risks from the spread of COVID-19, used AC units can also carry mold, mildew, and other biological contaminants that can be distributed into the air you breathe in your home.
If you believe that the AC unit is causing your chest congestion and lethargy, the first step is to have a medical examination to seek a diagnosis for your symptoms. If your doctor makes a diagnosis that is consistent with airborne contamination that could come from an AC unit, you need to provide notice to your landlord immediately in writing.
If you advise the landlord that your physician believes the AC unit is causing you medical distress, the landlord should either clean or replace the unit. If the landlord is unresponsive, contact a landlord/tenant lawyer who can intervene. It’s important that you keep records of your correspondence with the landlord. Ideal correspondence is in writing because that’s easiest to prove, but if you have face-to-face conversations, keep notes of dates, times, and the nature of the conversation.
You’re welcome to use the Florida personal injury law firm directory to find an attorney near you who can assist. Good luck, and I hope you feel better soon.
Rental agreements include an implied warranty of habitability. This means that your landlord is legally obligated to provide you with a livable unit or a reasonable substitute in the event of a fire (or some other event that, through no fault of your own, makes the apartment unlivable).
If your landlord is refusing to provide a suitable substitute while the fire damage is being repaired, you may need to take your landlord to court (rather than simply withholding your rent payment). Generally speaking, this means filing a lawsuit in court. During the dispute, you would place your rent payment in a temporary tenant escrow account (which should be set up at the courthouse). That way, your landlord can’t evict you for nonpayment but he also doesn’t get the money until the dispute is resolved.
To help you through this process, you should consider contacting a landlord-tenant attorney. If you can’t afford an attorney, consider contacting your local legal aid organization.
Keep in mind that this answer might change if there’s additional information you haven’t provided.
I’m sorry you’re having trouble finding an attorney to represent you in your slip and fall lawsuit.
There are all sorts of reasons why an attorney might decline a personal injury case. With that being said, sometimes getting a lawyer to take on your case is simply a matter of asking enough attorneys. You can find experienced Michigan personal injury attorneys using our free online directory, or by contacting the lawyer referral service at the State Bar of Michigan.
I’m sorry you’re having trouble with the piping in your apartment. If your insurance company is wrongfully denying your claim or otherwise acting unreasonably, you may be able to file a bad faith lawsuit against the insurance company. You can find an attorney near you using our free online directory. Most initial consultations are free.
Keep in mind that your landlord may also be responsible for the water damage if the landlord failed to repair the issue in a reasonable amount of time. The piping manufacturer may also be liable if the piping was defective. Your attorney can explore all of these options.
I’m sorry this is happening to you.
Your landlord is not allowed to physically remove you from your rental unit. In Mississippi, there is an eviction process that the landlord must follow. This process involves providing notice, filing an eviction action in court, and obtaining an order of eviction.
If you’re concerned for your safety, I recommend contacting the police and applying for a restraining order.
If you feel you are being wrongfully evicted, I recommend reaching out to an attorney. If you can’t afford an attorney, consider contacting The Mississippi Center, an organization that offers free legal assistance to low-income individuals.
I’m so sorry this happened to you.
Landlords in Virginia have a legal duty to make all repairs and do whatever is necessary to keep the premises in a fit and habitable condition (Virginia Code 55-225.3). It’s possible that your apartment would be deemed uninhabitable due to the shooting, particularly if there’s extensive damage or reason to believe the apartment may be “shot up” again.
If the apartment is in fact uninhabitable, you must give the landlord a reasonable time to resolve the issue (the landlord might do this by, for example, repairing the damage and installing security lights). If the landlord fails to resolve the issue, only then will you be excused from paying rent.
It’s best to resolve this issue with your landlord personally, if possible. If you can’t resolve the issue, you might consider seeking free legal assistance from the Virginia State Bar.
In Massachusetts, landlords are required to keep their rental units habitable (see 105 CMR 410). In general, “habitable” means a place that is comfortable and clean enough for a person to live safely. At least 1 Massachusetts court (Westland Housing Corp. v. Scott) found that excess smoke and fumes can make an apartment uninhabitable.
If your landlord fails to respond to complaints about an uninhabitable rental unit, you can request that a code enforcement officer or the local board of health inspect the apartment. An inspector can order the landlord to fix the problem. In the event that your landlord still fails to fix the problem, you can withhold a portion of your rent or move out.
With respect to smoking, there is no state-wide smoking ban. Some cities and towns do, however, ban smoking in apartments. Regardless, it sounds like your lease agreement provides for a non-smoking apartment complex. Accordingly, I would talk to your landlord about the issue. If possible, get together with as many other tenants as possible who are bothered by the smoking. You can consider sharing enforcement tips with your landlord. If the problem persists, you might consider getting out of your lease or even filing a personal injury lawsuit against the landlord, depending on the severity of the problem.
I walked past the open bottle with the cleaning chemical a few times over the course of 2 hours. It was a small portion left behind when a maintenance worker was power washing the apartment exteriors. I was worried that a child would find it and that would be dangerous, so I picked it up to remove it. When I did, some of the liquid splashed my hand and immediately started to burn my skin. I rinsed with Dawn dish soap and warm water for 5 minutes before feeling some relief from the burning. I’ve been keeping a close eye on the area on my hand to make sure no rash started. I have photos of containers laying on the ground and all the directions and warnings. The container says the product is corrosive and users should wear safety glasses and gloves, wash clothes that came into contact with the product, and that you should take a shower before sitting on furniture or touching food. It says skin exposure can cause rashes and that there can be permanent damage to people or animals that come into contact with the substance.
I’m very sorry this happened to you! Thank you for being so responsible in trying to make sure that no other person (child or adult) could be harmed from exposure to this chemical.
You definitely want to report to the owner of the property that this chemical had been left in a place where there was a danger of exposure for other people. That’s certainly something that shouldn’t happen again.
As far as your own exposure is concerned, I hope you’re doing better. However, it doesn’t sound as though it required medical treatment (or other treatment beyond your washing with dish soap). That’s not to undermine the validity of your concerns or the extent of your injury, but personal injury law requires that in order to make a claim, the injury has to have cost you money. If you didn’t visit a doctor or hospital to have your injury treated, you likely don’t have the basis for a claim.
Again, though, it’s not acceptable for containers of dangerous chemicals to be left out in the open where there are people around and the management definitely should be made aware of the issue. I hope you’re doing better!
In Illinois, landlords have a legal duty to repair known dangerous conditions (see the Residential Tenants’ Right to Repair Act).
Your grandmother should provide her landlord with written notice of the dangerous conditions that she wants repaired. Send the notice by “certified mail with return receipt requested” so you have proof that the landlord received the notice.
If the landlord doesn’t make the repairs within 14 days, your grandmother has the right to hire someone to make the repairs and deduct the cost from her rent.
It’s a good idea to talk to a free or reduced-cost attorney before hiring someone to make the repairs. Here are some resources for free legal help in Illinois:
I’m sorry you’re going through a difficult time.
A landlord cannot legally evict you (deny access to the property, change the locks, or remove your possessions) without a court order. As you know, the CDC has halted residential evictions for nonpayment of rent through March 31, 2021. This rent moratorium may be extended by the federal government or local government at some point.
In the meantime, it sounds like your utilities have been turned off. In most cases, you can work out a payment plan with the utility company that will result in your utilities being turned back on. If this is unsuccessful, Colorado has some resources that may help. The Colorado Department of Human Services provides payment assistance to low-income customers through the Low-Income Energy Assistance Program (LEAP). For more information, call 1-866-432-8435 or visit their website. Energy Outreach Colorado provides payment assistance beyond that offered by LEAP. You can learn more here.
Unfortunately, a tenant is almost never permitted to cut down or use trees on the property without the landlord’s permission. Nevertheless, you might consider reaching out to Colorado Legal Services, which provides free legal help to qualifying individuals around the state, to see if you have any other options.