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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Landlord-Tenant
Satisfied Customers: 17529
Experience:  B.A.; M.B.A.; J.D.
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I recently requested the landlord to put us up while he

Customer Question

Hi. I recently requested the landlord to put us up while he fixed damages to the house we are renting because of a leak...Before that, a month before, he tried to raise the rent 20% and I showed him state law and he raised it 10%. Now, he gave us 60 days to move out. We have been model tenents (his wife said we kept the house better than them when they lived here). We are on a month to month. I have already decided we are going to sue based on retaliation. My question, however, is that, since we are four adults and one child, can each person sue individually for retaliation or as one suit together. In addition, he has been known to delay repairs and one such repair, repairing the second story deck, has never been done although he said he'd do it when we moved in a year ago....and we were exposed to the elements because he did not repair a cracked window when we moved in until it craked and even then it was two months and, there are multiple other side issues that he has either delayed or done nothing about.
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
Also, can each issue where he delayed doing anything be considered retaliatory.Also, when we moved in our bathroom vanity was rotted and we asked to replace. He never did. We finally got authorization to fix it on "our dime" which we did and while we did and took out flooring -- found bad leak and foul smell due to toilet leaking and had to be bleached. We spent over $600 on this. After him seeing the improvement is when he tried raising our rent 20 percent and we told him it was only allowed 10% without 60 day notice and then the kitchen issue came up which was a leak that actually had been happening for a month and he did nothing about it--the flooring in there was warping...until it seeped into living room...he had to shell out money for us to stay somewhere when found out we had renters insurance (he didn't like that) and then he got rent today and tonight servied with 60 day notice. Hope not too much information..Debbie
Expert:  Phillips Esq. replied 1 year ago.

can each person sue individually for retaliation or as one suit together.

Response 1: As one suit together.

Also, can each issue where he delayed doing anything be considered retaliatory

Response 2: No, unless you have concrete evidence that the Landlord refused to make the repairs to get back at you for exercising your rights as a Tenant.

Customer: replied 1 year ago.
Thank you for your quick answers. Since he did not pay for repair of the rotted vanity and the leak and replacement of the flooring, can I sue him in small claims to recover the $600 noted on previous comment since he ok'd it "on my dime." At the time I did not know I could deduct from rent if he did not fix it. It was repaired a few months ago by someone I hired and paid. It was a health issue.
Expert:  Phillips Esq. replied 1 year ago.

Yes, you can file Small Claim to recover your expenses.

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