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TJ, Esq.
TJ, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 12061
Experience:  JD, MBA
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I stay in apartment and a driver carelessly drove into

Customer Question

Hi
I stay in apartment and a driver carelessly drove into my apartment house knocking the wall of my apartment complex and damaging my stuff. My house is currently open and the apartment complex people are not ready to give an alternate apartment and I am stressed with kids and my extended family who is visiting me. What is the next steps I pursue
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  TJ, Esq. replied 1 year ago.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions. If the wall isn't fixed immediately, and you aren't given another apartment, then you have the right to terminate the tenancy and move. Unfortunately, since the damage was not caused by your landlord, you cannot force him to pay for your moving expenses, however. If you do opt to stay in the apartment, then you can demand that your rent be reduced until the wall is fixed. If your landlord refuses to reduce the rent, then you could sue the landlord and a judge would almost certainly force him to return part of your rent.Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Customer: replied 1 year ago.

They do not have an alternate 3 BHK apartment available so what am I suppose to do.I have been paying rent of 1200$ for my apartment and if I try to find any alternate apartment options near my current home its way above 1200$. I am not ready to pay the differential rent. So who would be responsible to pay that part of the rent and for how long.

Expert:  TJ, Esq. replied 1 year ago.
Hi again. I'm not sure that I understand your follow-up question: "So who would be responsible to pay that part of the rent and for how long." Can you clarify? What part of the rent are you referring to?
Customer: replied 1 year ago.
I stay in a 3 BHK apartment and the apartment does not have any 3 BHK available for me to move. So I was looking to move to another apartment community. The rent for a 3 BHK in neighboring community is more than I pay currently. I am not in a position to pay that additional rent. So what course do I take.
Expert:  TJ, Esq. replied 1 year ago.
Hello again. Based on what you wrote, you can either stay in the apartment that you currently have, and demand that your rent be reduced until the wall is fixed. Or, you can terminate your tenancy if the wall cannot be fixed within a reasonable time. If you choose the latter and move, then I'm sorry to say that you'd likely have to pay the difference in rent yourself. Your landlord, who did not cause the damage to your apartment, would not likely be forced to pay if you were to sue. Granted, you could sue and then argue that the landlord is at fault for not fixing the apartment fast enough. However, I think that a judge would have a little sympathy for the landlord given that the landlord did not cause the problem. My opinion, however, would change if you wait for the landlord to fix the wall for a very long time (e.g., a couple of months), and the landlord never does. At that point you could have a good argument that it is the landlord's fault for not fixing the wall sooner. But the bot***** *****ne is that I think you'd have to stick it out for a while before a judge would see it that way. If you were to move, for example, in just a week, then I doubt a judge would rule that the landlord is at fault for not fixing the wall fast enough. Accordingly, I would not move with the idea that you'll somehow force the landlord to pay for the difference in rent.

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