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    Renting & Real Estate


    Can I sue my landlord for unfixed leaks/repairs and black mold?

    Can I sue my landlord for unfixed leaks/repairs and black mold? I have been living in my current apartment since December 2007. One of the conditions of my moving in, was that my landlord would fix all the issues existing in the apartment. I should have gotten it in writing, but I didn't, and I moved in. My apartment is an illegal basement unit, and I have no written contract with the landlord. He never fixed any of the long list of needed repairs, and for the last several weeks my kitchen ceiling has been leaking. Black and blue molds are coating the kitchen ceiling now, and he has seen it but has not fixed the leaks or done anything to alleviate the mold. Now he tells me he is selling the house and I have until July to leave. Can I take him to small claims court? I have these things on him - unfixed repairs, leaks, mold affecting my asthma and causing nausea/headaches, and unlawful eviction because he is giving me less than 90 days notice. Since I am unprotected (no lease, etc) can I take him to court and how?
    a few seconds ago 5 Answers

    Best Answer

    He has to give you a 30 day notice, not 90. Sue him for what? You have to have damages to sue over. You can not sue over nothing or over your greed. If you have no losses there is no lawsuit.
    a few seconds ago

    Other Answers

    • Actually, I heard a similar story on Wyoming Public Radio just recently. In Laramie, which is a University town, there are many students who live in substandard housing, many of those units are illegal rentals. I heard from an attorney that even though someone is living in substandard housing and illegal rentals, they do have rights. I don't know if it's the same in your state. It is definitely worth calling a lawyer and asking. Many attorneys give the first consultation for free so it won't cost you anything to call around and ask. I wish you good luck. Before you call, write down what's wrong with the apt. Also, take pictures of everything. It also may be a good idea to talk to your landlord one more time and see what he/she has to say and then write that down too. If he/she doesn't say anything or call you back, write that down...Good luck.

      by ndn_ronhoward - 7 hours ago

    • No written lease = a month to month tenancy at will as provided by your state's landlord/tenant laws. Your landlord can give you one month's written notice to vacate - no cause or reason in most states. Actually, if the place is as bad as you say and the landlord refuses to fix issues you should be wanting to move.

      by Trouble - 7 hours ago

    • If you have no contract or lease youre pretty much screwed. This also means if you dont pay your last months rent theres nothing he can do to you... Hes already kicking you out. If you do have a lease then its his responsibility to fix anything and everything within reason. I dont think theres any law that says a landlord has to give you 90 days notice to move out.

      by tink - 7 hours ago

    • Renters have more rights than landlords. Document (write down and keep track) all of the conversations you had and take pictures of the leaking ceiling and mold, video would help too. Then you beat him to the punch, go to your local court system (find out which one deals with landlord/tenant disputes) and take his azz to court for unsafe living conditions. I'd even go to the doctor and get a note stating your health problems that developed or got worse since living there. Don't pay him another dime either...save your money for your new place. This time get a lease or rental agreement though. Good luck!

      by Redbone - 7 hours ago

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