Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

On July 9, 2017, there was an issue with the air

Customer Question
conditioning unit leaked in the...
On July 9, 2017, there was an issue with the air conditioning unit leaked in the apartment complex, Cypress Gardens in Hoover, AL, that caused water damage in the hallway and the bedroom near the hallway of the apartment my family and I reside. The carpet was soaked in the first bedroom, hallway and living room around the air conditioning unit. There were damages done to my children's furniture in the bedroom. I immediately called maintenance about the problem the same day. The maintenance guy came immediately the same day I called on July 9th in the morning and stated that the carpet would need to be cut out and replaced. So I responded and stated to him that my family and I will be gone the entire week Mobile, AL (MEGA Conference for Teachers). When we returned on July 14th that evening, the carpet still had not been changed and there was a horrible smell in the apartment from the dampness of the carpet and stuffy. The manager was informed about the situation. Another maintenance guy came to the apartment because we reported another leakage problem in the master bedroom from the hot water heater in the closest. The carpet in front of the closest was soaked as well. That is when the maintenance guy stated that the carpet in the whole apartment needed to be cleaned.
Once again, I went to the manager to tell him about my children’s furniture being damaged and what are they going to do about it. He told me that it was not their responsibility but my insurance company’s (State Farm) responsibility to cover the damages done to the furniture. Weeks went by, no cleaned carpet, and then we experienced flooding in the apartment on July 26th from patio in the kitchen to the living room, hallway and the same bedroom. During this time, we were on our way out of town again for a family reunion Akron, Ohio) when this flooding occurred. On our return home Monday, July 31st that morning at 1:45 a.m., they had stripped the carpet in the living room, a portion of the hallway and stripped the kitchen and hall bathroom floors. Nothing has been done as of today, August 17th. We have been living in this condition, which I felt that we should have been placed somewhere else until the apartment was in a condition where we could come back to its completion. Our furniture was placed in all areas of the apt. Anyway, I have pictures and videos of the premises.When I did speak with the manager about the furniture again on Monday, August 15th, I asked if he could deduct a fair amount off the rent, the price of the furniture, he didn't say anything. Therefore, I did not pay the rent for this month because the apartment is still in a shamble. I am so hurt because this could have been handled in better manner than this.I have rental insurance with State Farm. When I contacted the agent of State Farm, Matt Benson, he stated that since the damages of the furniture were ruined from the apartment complex air conditioning system, then the apartment complex is responsible. When I relayed the message back to the manager, he still persisted that they are not responsible for damages to my personal property. So my insurance agent contacted the manager on several occasions after I spoke with him and left several messages with no response from any calls. On August 15th, I met with the manager again and discussed my concerns about the damaged furniture and the rent. He still said that they are not responsible and that he was turning in the paperwork for the eviction process to begin. I informed Matt about what the manager said and he decided to contact the manager again. When he called them on August 16th to speak with the manager and to explain the rental insurance policy and laws, the manager got belligerent with Matt Benson. I was informed to call the management office of Cypress Gardens.Since August 24th, the air conditioning unit has not been working. I immediately went to Wal-Mart and bought 3 fans and I have the receipt. When I
JA: Of course. The best way to reach them is by emailing***@******.*** Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Alabama
JA: Has any paperwork been filed?
Customer: Yes
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 4 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
9/6/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,386
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 so all that means is that you can count on me to help today. 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 Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

I appreciate your saint-like patience. This to me sounds like a classic case of negligence on behalf of the apartment complex because their air conditioning unit leaked, causing you damage. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s actions fall below the standard of care for a reasonable person in a similar situation?” Better stated, "Did the actions of the complex fall below the standard of care for a reasonable complex in a similar situation." If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand.

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.

You may want to consider just writing a formal demand letter stating that their negligence is what is causing the issue here. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation.

Ask Your Own Real Estate Law Question
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 7,386
7,386 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Got disconnected... In re: to my real estate questions, is
Got disconnected... In re: to my real estate questions, is this attorney a Texas attorney? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
My apartment landlord wants to charge me a $500.00 pet
my apartment landlord wants to charge me a $500.00 pet deposit "again". I paid my deposit 3 years ago but there is no record of it. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
If my landlord doesn't have a signed rental agreement can
If my landlord doesn't have a signed rental agreement can she evict me. She gave me a notice with cause they didn't have any time to cure and none of the things that were are on the notice were true … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Need to understand the "deeding" process in a real estate
Need to understand the "deeding" process in a real estate transaction and the "mechanics" of a real property closing.I have a parcel of raw land in New York State that my father gifted to me prior to … read more
Lori
Lori
Juris Doctor
256 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
209 satisfied customers
Is cold calling still legal for real estate agents?
is cold calling still legal for real estate agents? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My question is in regard to real estate in south Florida.
Hi! My question is in regard to real estate in south Florida … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I wanted to get a lease agreement reviewed by a real estate
Second opinion] i wanted to get a lease agreement reviewed by a real estate attorney … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Lawyer
7,386 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
Cam maintenance enter an apartment without permission.
cam maintenance enter an apartment without permission … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,131 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KJL LAW
KJL LAW
Juris Doctorate
1,754 satisfied customers
It is not a real estate problem it is about a person that
it is not a real estate problem it is about a person that was evicted and nowher to go … read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
Florida Real Estate- Question about a Warranty Deed Contract
Florida Real Estate- Question about a Warranty Deed Contract for sale of a house in Florida:My deceased Mom's house is being sold by the executor: Would it be unreasonable for me to ask that a warrant… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Arizona real estate residential lease issue. ^^ I am seeking
No. I am seeking advice for what to do as I'm the landlord and my former tenant wants more deposit back than I'm willing to give. … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
Not exactly real estate law question. I have a home warranty
Not exactly real estate law question. I have a home warranty and requested repair on my AC unit in April. The home warranty company sent a contractor out. The short version is after 7 trips and 7 week… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 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