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Can I sue my landlord in small claims court for a numerous…

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Can I sue my landlord...
Can I sue my landlord in small claims court for a numerous of small things. She never handle maintanance issues properly. I had a use a half working stove , the broiler never worked. She replaced it two weeks after she let me know that she would not renew the lease. Kitchen cabinets has no handles to open the doors and she stated that she would not place handles on them either. I have lived with a leaking refreigetrator for the entire lease term. It was replaced the same day the ove was. She has random maintanance people, one being my neighbor and his brother. My kids had a broken window in their room for the majority of the winter. ( The damage came from a tree branch during a bad wind storm, that I reported. All the maintanance issues had been reproted numerous of times but the landlord took her time to fix the issues. I have had plumbing issues since the fisrt day. I have had to replace my washing machine two times because of flooding issues but now I believe its the plumbing. The only proof of this that i have is the very high water bills that I received every month, the letter received from the water company stating that ths unit has faulty water meters and pipes, and now I'm having issues with the toilet. She stated before we signed the lease that the unit was all electric but after the lease signing she told us that it was electric, gas and water as utilities. She said it came with a wshing machine which it did but the washer didn't even have a plug on it. We had to replace it ourselves. We have been late on the rent sometimes but we always made sure to let her know that this was the issue and then paid the rent and late payment as soon as possible. We went to court a few months ago because we weren't able to let her know our ent would be late because we didn't have a phone but we paid all that as well. I had went to get assistance with rent during this time. The facility that gave the money to help with my rent had a requirement that the only way the landlord could accept this money was with an agreement that she would allow us to stay here. I would say about two months later she told us that she would not be renewing our lease. The money that we had just paid her was over $1,500.00. I asked her did we need to go ahead and start looking for somewhere to stay and she told me No. I just feel like I have a good case against her for not owning up to her landlord duties as well as she could have.
Submitted: 6 years ago.Category: Landlord-Tenant
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Answered in 9 minutes by:
3/10/2012
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Dimitry K., Esq.
Category: Landlord-Tenant
Satisfied Customers: 41,221
Experience: Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Thank you for your question.

You stated in your facts that you already went to court once over these issues, or rather over late payments. Did you bring up these issues then? Do you have anything in writing that shows that these repairs had to have been done but weren't?
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Customer reply replied 6 years ago
I may have some paper work stating that I ahd reported these issues to them and some things had been handled but not fixed because the problem just continued to come back. I even have footage that I recorded on my viedo camera that showe that the repairs hadn't been made before going to court. We went to court over late rent issues. Although I didn't mention it in fornt of the judge , I did discuss the issuses that still needed to be fixed with the lanlord outside of the court room. So, hopefully some of this info can be helpful to me and you.
Lawyer: Dimitry K., Esq., Attorney replied 6 years ago
Thank you for your follow-up.

The reason I asked about evidence is because under state law if there is some sort of an issue with the property, you as the tenant owe a duty to the landlord to disclose it promptly so that the landlord can facilitate repairs. As a consequence if you have no evidence or specific information that you can show as proof that the landlord was aware of defects, he can in essence play dumb and avoid issues. Second, if you are moving out, I am failing to see injuries, and so would the judge--by that I mean I can understand it if you would ask for future abatement on rent, or a demand to cancel your lease if the premises are uninhabitable, but if you are now moving away, what are you suing for exactly? You cannot demand back-rent since the issue of the premises not being inhabitable was not brought up at the previous hearing, and at this point you are leaving the premises anyway. Please understand that I see that you were very possibly living in an unsafe environment, but that issue should have been brought up earlier, when you were still a full-time tenant. As such I do not agree with you and do not see a very strong case here, at least not at this point in your tenancy.

Good luck.
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