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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My land lord never provided Heat Which We Where Forced To

Customer Question

My land lord never provided Heat Which We Where Forced To Use Oven And 2 Small Electric Heaters We Provided Ourselfs both cost 100. The House Was Me My Fiance and 8 year old son also our 6 month old Infant The Sewage Would Come Up In Our Bath Tub Kids Could Not Be Bathed In The Water. Our Single Income Forced Us To Stay I Asked For The Deposit Back But Only Had Her Saying Next Month I Fix It Heard That For 6 Months Black Mold Was Found Electric Was Very Old And She Was Told Needed Imidiate Repairs Never Happened. The House Burnt Down We Got Out Just Barely At 1:30 am today I Have never Heard Renters Insurance Until Today Which No Matter What I Will Have From Now On. We Lost EVERYTHING Except Our Lives Very Blessed But Unfortunately Lost All Possessions Please Tell Me I Can Do Something She's Told Us To Pay Her Now Very Mean And Unable To Reason We Lost It All And Have No Clue What She Wants From Us What Can I Do?
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I am very sorry to learn of this situation.

Your landlord was engaged in lending an "uninhabitable unit" (failure to provide heat). Unfortunately with the property burning down it makes your case much more complex.

The landlord can still be held liable for renting an unsafe and unsanitary property.

I would recommend contacting your local bar association to see if you have a local landlord/tenant clinic or legal aid (most jurisdictions have resources that can assist tenants in these sorts of situations).

If you cannot find local resources to represent you, then you can sue the landlord yourself (as a fallback), you can find resources on suing your landlord in small claims court (where procedures are simplified and an attorney is not required), for up to $10,000.00 here: http://www.nccourts.org/courts/trial/sclaims/, but if you want to sue for larger sums, you will need to sue in general civil court where procedure is more complicated and it will take longer to get to judgment (I am not trying to persuade you one way or the other, but I am trying to give you an overview of what you are looking at between the two).