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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I moved into a rental home. Being very severely allergic to

Customer Question

I moved into a rental home. Being very severely allergic to cats. I asked the. Landlord if a cat was occupied in the house. She said 1. That the carpet would be professionally cleaned. Found her husband cleaning carpets. I've bought every expensive allergens to apply to carpets. Still can't breath. Then landlord told me every tenant. Had cats. Won't let me out of lease. I can't breathe Usinging a months worth of meds in 2 was to stay alive. What do I do. She sent me a email saying. I need to find another place. When I did She said she meant at end of lease. Help can't breath
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

The landlord has commited "fraud in the inducement" (told you something that was false in order to get you into the unit), this makes the contract "Voidable" (meaning as the injured party you can enforce or void the contract as you decide).

In addition, fraud is an intentional tort, so you can sue her for the costs of moving, the costs of your cleaning supplies, etc.

You can also try claiming "exemplary" or "punitive" damages but courts are sometimes hesitant to award these (these are additional money damages awarded by the court for intentional torts).

Short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.