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Second opinion] Ellen. I am an elderly, disabled, care

Second opinion] Ellen Scott. I...
Second opinion] Ellen Scott. I am an elderly, disabled, foster care parent of two grandchildren 5 and 7. I had to find a larger apt than the one I was in to accommodate myself and my grandsons. I was shown and paid for a specific apt in an apt building, that was easy enough for me to navigate coming and going in. I have a prior injury to my legs and feet that have disabled me, and this certain unit was situated where I could walk without help, and without causing more damage to my legs and feet. After paying for and renting the unit, when it came time to move in, they informed me that for some reason the unit they showed me and I had presumably rented was no longer available. That I would have to take a unit in the back apartments, where the sloped parking lot, and stairs were not acceptable for me as I specifically decided to move in here because it was in the front apts. Where there is level parking and safer for my disabled legs and feet to navigate. They promised to promptly move me into one of the apts. As soon as another became available. I had no choice but to take it because I had to move into somewhere so they knew I had no choice. It has been a year, they have never given me a unit or even acknowledged any of this since then. As a result I have had to navigate the parking lot, which is extremely sloped and the stairs which have contributed to the deterioration of my legs and feet. I am now scheduled for knee replacement. I have told them I have left notices about the sewage that leaks into my bathroom from the bathroom upstairs. I have pictures and documentation of all of this. I understand that there are different avenues of how to proceed with what to do. My question is this. What is the best way to proceed? Withhold the rent, let them serve me a notice to pay rent or they will take me to court, respond to the notice and go to the hearing and tell them then? Or should I just sue them for negligence, for forcing me to remain in unlivable disrepair, and health hazardous conditions. Does it even matter that my legs ngare now being scheduled to have knee replacement, and clearly it is due to having to navigate non handicap accesible stairs and sloped driveway. Doesnt the sewage leaking into my bathroom from the above bathrooms make any difference? And is the fact that i am native american make any difference too? Sorry, i just have a million questions.
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Answered in 1 day by:
3/6/2018
Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,576
Experience: Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
Verified

Good afternoon Ellen: I am sympathetic with you as to the problems that you have had to endure over the past year. The landlord breached your contract when they did not give you the apartment that you specifically listed in your lease agreement. That said however, your only remedy was to cancel the lease right at the beginning. You could have moved into a different apartment and if you had to pay higher rent, you could have sued those landlords for your damages. Once you accepted the other apartment and moved in, the law would say that you waived that specific provision of your original contract. The law will not let you claim, damages against the landlord's for what you had to go through living in the apartment. it will, however, permit you to move out without being charged for breach of contract. It is obvious that you should seek other accommodations as soon as possible.

I hope that I have provided excellent service and, if so, would appreciate a 5 star rating. (Scroll to the top of this reply to locate the rating buttons.) If not, please let me know how I can further assist you. There is no additional charge to you for rating me. A bonus is not required, but is always appreciated. Thanks for using JUST ANSWER.

Irwin Law
Irwin Law, Attorney
Category: Landlord-Tenant
Satisfied Customers: 7,576
Experience: Attorney 35 years extensive and active real estate practice; represents both landlords and tenants
Verified
Irwin Law and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 5 months ago
If I am sure it is too dangerous for my grandchildren to remain in the apt. While they tear it up and repair it. Due to the black mold would they be responsible to put us up somewhere while they do that?

If the lab tests show that the mold is of the type that it is a health hazard, the landlord may have to pay to put you up somewhere else. While the repairs are being done.

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Category: Landlord-Tenant
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Experience: Attorney 35 years extensive and active real estate practice; represents both landlords and tenants

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