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LegalGems
LegalGems, Lawyer
Category: Consumer Protection Law
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My husband and I moved into our apartment last year and we

Customer Question

My husband and I moved into our apartment last year and we have complained about the soft spot. we have renter's insurance, but they wont cover the fact that the apartment complex kicked us out without a place to stay because of mold on our water heater.
Submitted: 2 months ago.
Category: Consumer Protection Law
Expert:  LegalGems replied 2 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 2 months ago.

Every lease has an implied warranty of habilitability, and an implied warranty of quiet use and enjoyment.

Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability; the landlord must repair substantial defects in the unit and ensure compliance with state and local building and health codes. The idea is that it is a safe living environment. However, the landlord is not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets.
The implied covenant of quiet use and enjoyment means that the tenant is entitled to the peaceful use of the premises.

These are implied in every lease and cannot be waived.
Violation of these covenants/warranties constitute "constructive eviction"

If the person is actually evicted, that makes it even worse as that is against the law, and makes the landlord liable for both compensatory damages (actual money spent due to the landlord's action-ie., moving costs, utility hook up charges, excess rent, etc) and punitive damages (designed to punish defendant for their illegal activity and to serve as a warning to others)

For example, in Glaser v. Meyers, plaintiff tenants were awarded $10,000 for compensatory and punitive damages.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 2 months ago.
They came Friday night and Saturday morning like 7am less than 24 hours, and removed our water heater so that we would have to leave. we told the apartment they should have fixed it before we moved in. our renter's insurance agrees. I'm also disabled with seizures that started when we moved in. So we're basically screwed out of the money we spent on a place to live?
Expert:  LegalGems replied 2 months ago.

Removing items of necessity is constructive eviction;

No, the case law allows for the tenant to sue for both compensatory (money actual spent) and punitive damages (designed to punish). I included case law as an example where the plaintiff tenant was awarded $10,000.

Expert:  LegalGems replied 2 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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