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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112668
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We are very stressed...please help. Very Briefly: lived atin

Customer Question

We are very stressed...please help. Very Briefly: lived at*****in Chattanooga, th 37421 for just close to 13 years...Needed wife Mary is very sick increasingly....disabled since our only daughter married, a few months later died....Mary 'cut her wrists very! Bad....have paid over ahead every month except a few times...then caught up...and began paying ahead...repairs requested...we've been extreemly patient...landlord's wife died a few years ago...she was very good with the books... We haven't been able to use garage for Years! Landlord knew about the "foundation" sinking and for past 6+ years all we are able to use garage for now is 'storage'... GOD knows we have been extreemly patient with promises of repairs always! Last year I did get behind 2 1/2 months due to further sickness and have been paying extra each month to get caught up. We never heard from him and knew that because we had always been ahead, never "pushing" him for repairing anything except one or 2 times where the front door had to be rehung due to the shifting in foundation...he promises to fix.."soon' but? We felt sorry...and all this time never thought anything cause of our occasionally fixing air conditioning when his 'barter' service persons 'gimmied' it and it caught fire...we sent pictures to show him...all we got was a reprimand to ONLY use his people. Mary would not have Been able to have gotten out! If this had gotten bigger.(aircontitioner fire)... When we first rented he was hoping for us to buy... About a year ago, he was wanting to have Bible studies With me and I told him if I had extra time, it might be nice. (He is a nice Mormon)... Now he's saying we are "seriously past due" wants us to pay for years past band records of his if he is to review more. Mary has only had 2 surgeries this year and this is a very very bad time. It is true that I sent the rent late but as the past 2+ times before I send 200+ extra and never heard anything different unless I agreed to pay for his older bank deposit records. He knows that in 2014 my friend business partner died in 12-03-14 and many records of our un accounted for since ... Then my very good friend and accountant Denny Schultz died later 2015... But up until problem....we thought he was appreciative of OUR patience. What can I do? I'm sure he was a good person....something has changed. I have NO WHERE or the monies to be able to move...especially with Mary's condition. Plus I just started social security. PLEASE HELP.
Very frightened and sincere
Daniel Zunitch
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry to hear this, but you do have recourse. Your recourse in this case is to file a lawsuit against the landlord for breach of the lease and for breaching their warranty of habitability of the premises your lease guarantees. You can seek money damages, such as return of rent paid and also payment for the costs of moving and finding a new place. If you are in Chattanooga, they have a legal aid office in town and you can get an attorney there to represent you in the suit to protect your rights and you should consider doing so, especially if you are not sure enough of yourself to file your own law suit.

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