Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

About a week ago me and my family were asked to leave

Customer Question
Hi about a week ago...
Hi about a week ago me and my family were asked to leave because of plumbing issues mold, leaks. The water was turned off; 2 restrooms were to be demolished and rebuilt. so we were forced to stay with family and /or hotel. By law landlord required to compensate us for the fees/inconvenience?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Arizona
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: All I know is there supposed to keep the home livable with water electricity heating cooling
JA: Anything else you want the lawyer to know before I connect you?
Customer: Well we moved in on the 29th of sept and had leaking from the master bathroom to the that went through the walls to the master room as well as front bathroom sink was leaking and half the kitchen sink leaking at move in. We called they came to look at it and they set up fans and they told us all to share the 1 front bathroom. After a couple days they came back and told us there was mold and that they needed to shut off the water demoli demolish and rebuild & we had to leave the next morning. This was Wednesday as of now the demo is done they won't answer out calls to know when they'll remodel?
Submitted: 3 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 6 minutes by:
10/16/2017
Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 7,521
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you

with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Landlord-Tenant Question
Lawyer: Legal Eagle, Lawyer replied 3 months ago

This appears to be a violation of the implied warranty (promise) of habitability. All residential leases and rental agreements contain an implied warranty of habitability. Under the "implied warranty of habitability," the landlord is legally responsible for repairing conditions that seriously affect the rental unit's habitability. That is, the landlord must repair substantial defects in the rental unit and substantial failures to comply with state and local building and health codes. However, the landlord is generally not responsible under the implied warranty of habitability for repairing damages that were caused by the tenant or the tenant's family, guests, or pets. The usual measure of damages is either 1) a cancellation of the lease agreement; 2) a withholding of the rent until the item is repaired; or 3) you repair the matter yourself and request reimbursement. In your case, if there exist issues with plumbing, mold, leaks, and the water being shut off, and the landlord asked you to leave without having a reason under contract to do so, this is also going to be considered a constructive eviction.

To help facilitate the situation, you may want to click here to download a “Complaint to Landlord” template. The template only costs $10 and the company that owns the template sends it securely in an email usually 1-2 business days after your purchase.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions.

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
Well a big question is; if I've had to leave my home and stay at a hotel is the landlord/property management required by law to pay/reimburse us the hotel fees? Also these damages were found on the first day of move in & not damaged by us.. I'm assuming it was fine by previous renters ?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

Yes. Those would be considered "consequential damages" under the law. These are damages that are reasonably foreseeable and objectively certain. It is normal that a person may have to find a hotel and pay for other items as a result of their inability to keep the place habitable. Whether it was done by the previous renters is not totally relevant, because the landlord has a duty to make those repairs ASAP. Did you have other questions for me?

Ask Your Own Landlord-Tenant Question
Customer reply replied 3 months ago
We're would I find the legal act of the landlord responsibility to pay hotel fees ?Can we ask landlord to be prorated the days of not living in the home & the amount bar deducted to our next rent bill ?
Lawyer: Legal Eagle, Lawyer replied 3 months ago

You may want to consider just sending a formal demand letter to the landlord and cite the Arizona landlord tenant act. .For just $5, you and I an exchange contact information and have some private question and answer time. I also know of something that can help you with this situation. If you click here, you can request an attorney-prepared demand letter for a flat fee (usually around $250). Turnaround time is less than 48 hours. Take a look at the link and fill out the contact form if you’re interested.

Ask Your Own Landlord-Tenant Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 7,521
7,521 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Pennsylvania landlord tenant evection question. It's taking
Pennsylvania landlord tenant evection question. It's taking me to appeals court. Can I represent myself? What do I need to do to respond?… read more
Lori
Lori
Juris Doctor
312 satisfied customers
People upstairs from me make an incredible amount of noise.
People upstairs from me make an incredible amount of noise . i complained to the leasing office more than 5 times but nothing happens. this is a luxury apartment building and i am paying a lot and fee… read more
Thelawman2
Thelawman2
Doctoral Degree
1,299 satisfied customers
Have a porters apt in my apt community. I would like to have
Have a porters apt in my apt community. I would like to have it occupied and have tenant clean laundry rooms in public areas for free rent in ct. is that legal? If so? What happens if they get injured… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,700 satisfied customers
How do i file a complaint against a Calfornia attorney who I
how do i file a complaint against a Calfornia attorney who I believe failed to meet the code of ethics?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I have accepted a new job in PA. My Landlord in IL is giving
I have accepted a new job in PA. My Landlord in IL is giving me a hard time about my lease and won't let me break it? I need to move is there anything I can do?… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I am having issues with landlord retaliation. Michigan.
Yes issues with maintenance. When I requested repair the Lanlord became upset and now wants me to leave without giving me my security deposit. I have been residing at the house for less than 30 days. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
A California lawyer, representing my landlord, has been
A California lawyer, representing my landlord, has been trying to increase my rent a few times. My apartment is subject to the Los Angeles Rent Control Ordinance (RSO), and his rent increase notices h… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I'm a Los Angeles based building manager needing to serve a
I'm a Los Angeles based building manager needing to serve a 3-day notice to a tenant who has not paid rent. Does the 3 days include today's date or do I start counting the 3 days starting tomorrow? On… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
Broeker I talk to you the other day about a landlord tenant
Hello this is Steven broeker I talk to you the other day about a landlord tenant question the tenants are brother came and look through all the stuff and didn't even want any of it gave me forty bucks… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
There is no rent-control for single house In San, CA. If the
There is no rent-control for single house In San Jose, CA. If the lease will be end on 2/28/2018, can the landlord increase the rent from current $2350/m to $3000/m from 3/1/2018 ? The market rent is … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
I want to know if I have a legal case. I hired a property
I want to know if I have a legal case. I hired a property management company to handle my property. I gave them notice in Nov. that I wanted to terminate the agreement. The tenants lease ends on Jan 3… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,015 satisfied customers
My son (who had a kidney transplant in March 17) moved in
My son (who had a kidney transplant in March 17) moved in with his friend (female lesbian) who asked him to move in. She now wants him out so her gf can move in. He's been looking but due to poor cred… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
I rented apartment from 2016, July to moved out on 2017,
I rented apartment from 2016, July to moved out on 2017, Jul31, one year term is complete, there is mouse inside apartment,shit in the kitchen everywhere, sometimes even in my bedroom, the sink in the… read more
LegalGems
LegalGems
Juris Doctorate
10,728 satisfied customers
What proof do I need in Civil Court to present that that the
What proof do I need in Civil Court to present that that the landlord must pay the cost of bringing the building to code?… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My daughter is sharing an apartment with a friend. They had
My daughter is sharing an apartment with a friend. They had a falling out over the friends repeated use of roach treatments that make my daughter feel badly. She wants to move out. Does she have any r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,198 satisfied customers
I have been renting my house in Ms. to a family for the last
I have been renting my house in Ms. to a family for the last 3 yrs. Let them live there for the 1st 8 months rent free to make be able to make what repairs they thought were needed because I had to mo… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have to move for a job in march. leaving 5 mo on the
i have to move for a job in march. leaving 5 mo on the lease. what can i do to minimize my cost? … read more
John
John
Attorney
Doctoral Degree
5,865 satisfied customers
The landlords boiler stopped working two days after I filled
The landlords boiler stopped working two days after I filled it with oil. The landlord know decided to go to gas and I am out 427.00. Who is suppose to reimburse me, the land lord or the oil company? … read more
Ray
Ray
Lawyer
Doctoral Degree
30,914 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x