Can a tenant sue a landlord for a security deposit and injuries after a building is condemned?
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I'm looking at starting a civil suit with my landlord. His building got condemned while I was standing there and he's refusing to give me my damage deposit back. I had to move and relocate.
I'm sorry to hear about your situation with your landlord, that sounds very stressful. Have you already communicated with your landlord regarding the return of your damage deposit?
Now he's selling the apartment building and got it up for sale. I want to be able to put a lien on it.
What specific damages or losses have you incurred as a result of the building being condemned?
I had to sleep in my car. My cat had to stay in a pet hotel. I was separated from my animals since they were in the apartment, because I could not afford to take them, and I lost time off work looking for an apartment.
Is there anything else the attorney should know before I connect you? Rest assured they'll be able to help with your lien on the property.
Just the expenses of eating out, lots of food, and property during this ordeal.
Hi there, thank you for your question. I'm Seth, an attorney here on our service, and I'm already reviewing the details of your question to find the best solution for you right away. I understand you're dealing with a situation where your landlord's building was condemned, and he's refusing to return your damage deposit. Could you tell me more about any specific actions you've taken or any other concerns you have?
We had cockroaches and bedbugs, and my spouse got bitten up and has scars.
I'm sorry to hear about the situation with the pests and your spouse's scars. Have any official notices or actions been taken by local authorities regarding the condition of the building?
I have moved since then into a new apartment, but I would like to talk to an attorney.
Based on your situation, there are several legal arguments and considerations in tenant-landlord law that could potentially support your case.
- First, return of security deposit: landlords are generally required to return security deposits within a certain timeframe after a tenant moves out, unless there are valid reasons for withholding it, such as unpaid rent or damages beyond normal wear and tear. If the building was condemned, it might not be a valid reason to withhold your deposit.
- Second, habitability and health violations: if the building was condemned due to health violations like cockroaches and bedbugs, this could indicate a breach of the landlord's duty to provide a habitable living environment. Tenants may have grounds for claims if they suffered due to uninhabitable conditions.
- Third, personal injury claims: if your spouse suffered scars due to bedbugs, there might be a potential personal injury claim against the landlord for failing to maintain a safe living environment.
Let me know if you have any questions or clarifications, if not I'll move forward with guidance.
Are you just AI, or can I talk to a real attorney?
I am a real attorney (promise!) Would you like guidance on your situation?
Will you help me fill out the paperwork for Small Claims Court possibly?
As mentioned above, we cannot form an attorney-client relationship, so I will not be representing you. If you are looking for an attorney to handle your case, you will need to retain a local attorney. You may find one by visiting www.avvo.com or www.martindale.com. Please let me know if you have any further questions.
You can definitely ask more questions! If you have any other questions in the future, feel free to return to the site and ask. Don't hesitate to reach out whenever you need assistance! Have I fully addressed your concerns today?
So far so good. I will be going to the courthouse to file a small claim. She has permanent scars on her arm because of this, and I have no clue what to sue them for.
When filing a small claims suit, you can typically sue for the return of your security deposit, any additional expenses incurred due to the uninhabitable conditions, and potentially for damages related to your spouse's scars. It's important to document all your expenses and any evidence of the conditions, such as photos or medical records related to your spouse's scars. Feel free to ask if you have more questions or need further clarification!
I'm happy to continue trying to help you with your landlord issue! Let me know!
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