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Additional Details
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jeff and mariah | Can I sue my Landlord?!?!? |
Okay, so here is the deal. I came home from my father in-laws house fixing an computer problem for him to come back to my place to notice and pretty big crack in my ceiling. Looking at the crack I though it could hold until the monday (today is sunday by the way). So I didn't think anything of it and me my wife and my 1 1/2 year-old daughter went to bed. At around 4:00am my wife wakes me up and tells me there was a crash out in the living room. So i go out there to look and there is a HUGE hole in my ceiling. I also notice there is a leak up there that is now dripping from the part where the the ceiling collapsed. Now, what I'm thinking is "what if that were me or my child under there during the day and that happened or my wife for that matter?" (btw where the ceiling fell is right where my couch is.) I would really like to sue because this place has been falling apart from day 1 and I'm paying 725 a month to live here. There is a ton of water up there so there is bond to be mold. So, yeah if you could help me out that would be awesome. Thank you.
Sorry for the bad grammar. |
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Landlord
 |
First you do not have a loss, so nothing to sue over.
Second, you would have to prove that the landlord knew there was a crack in the ceiling, knew there was a leak and failed to take action.
The fact that you thought it was no big deal would indicate the landlord knew nothing about it. You can not be liable for any issue you are not informed about.
As for the mold, while there may be mold up there, it takes years for the type you are worried about to grow. The odds are very slim (1/2,000,000) that the mold would be one of the harmful varieties. But, again, you have to prove it is harmful and that your family suffered harm before you can sue.
You do have money coming, since you are money hungry, but not from your landlord. Your renters insurance company will buy you a new couch. |
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acermill
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You can't sue your landlord for a loss which you MIGHT have incurred. It is reasonable to expect that the landlord will pay to have the couch cleaned properly, if needed, and that the mess will be repaired and cleaned up so that your living premises are acceptable.
And, NO, there is not 'bound to be mold' because of this situation. As long as the damages are properly repaired, there should be no issue. I recently had a similar scenario in one of my units (no, I'm not a slumlord. A tenant simply ignored all warning signs and did not alert me until the ceiling collapsed.) There was no mold issue, even though there had apparently been some sort of hidden leak for at least a month prior to the ceiling collapse. |
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Fishyman
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No, you shouldn't of put it off. It's your problem now. |
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MSAD
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You did not notify your landlord of the problem so he can not be held responsible for it.
Most rental houses are older. As such, the leak is probably age related. Again, not his fault.
In order for your landlord to be responsible he has to have been negligent. In this case he was not.
Sorry -no free money for you.
Now...go notify your landlord of the damage (if you have not already done son). If any of your personal property was damaged, you will need to notify your renters insurance. Your land lords policy will not cover your stuff. (and no - he's not responsible for your personal property. The only way he would possibly be responsible is if his negligence caused the damage. From what you describe -it did not). |
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I Buy And Sell Houses
 |
Can you sue? Yes.
Will you win? Probably not.
You want to sue her because you're paying $725 a month? Sorry. That's a non sequitor. One has nothing to do with the other.
Can you sue her for damage to your possessions? Sure. Will you win? Probably not. You should look to your renter's insurance for coverage. I expect your lease requires you to have renter's insurance. Yes, there will be a deductible, and you can ask her to pay that.
Can you sue her for negligence? Sure. Will you win? Probably not. Sounds as if there was a broken or leaking pipe. Those things happen. Unless the problem had happened before and she'd been on notice, but had done nothing, it's difficult to show negligence. Or if you'd called her when you saw the crack and she said, "That's your problem," then that could be negligence. But you saw the crack, you did nothing, and the ceiling collapsed. It'd be difficult to show that your landlord was negligent.
Just because there's "a ton of water" doesn't mean there's mold. There are mold spores nearly everywhere, all the time. What you do is mold remediation. You dry out everything that's wet. You eliminate the moisture. You wipe everything down (that won't be injured) with a weak bleach solution. You keep fans on the area to keep it dry. You replace the wet drywall. Mold needs moisture (and likes warmth and darkness) to grow. Eliminate the moisture, and you prevent the mold.
Consult a lawyer for more information. |
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Qt
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You would need to prove that he/she was negligent and knew that there was a problem with the ceilings. You do bear some responsibility as you weighed the risk of a crack in the ceiling and did not notify him ASAP. As a tenant, you are obligated to inform the owner in a timely manner of any and all things that "are falling apart." This should always be done verbally if more expedient, and then followed up in writing as soon as reasonably possible. A reasonable person in your situation would have been dialing the owner of the property the moment they saw this type of crack.
As I see it now, you can request the replacement value or cleaning of your couch and carpet to be paid for from your landlord's insurance or if he has none, from a deduction in you next month's rent. You were not injured (thank God) so jumping into a legal action is pointless right now. Think about moving as the mold issue is a health hazard I would not want your child to be exposed to. Check you local Yellow pages for an attorney referral, they may give you a free answer to your question. |
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gafpromise
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You can't sue the landlord unless you can somehow prove that he was negligent. For example, if you had notified them that there was an issue and they didn't do anything about it. Or if you could somehow find an inspection report showing that the place was not up to code, and the landlord failed to make the necessary repairs. Notify the landlord ASAP, and if they do not respond then you will have cause to break the lease. |
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Sweetharttt
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You saw the crack in the ceiling and did nothing about it, other than to go to bed. Where is your responsibility in this situation? You should have started making phone calls to your landlord and / or others, to have SOMEONE check out the safety issues.
I sincerely doubt you would win anything but an attorney's bill in trying to sue for anything here. 'What if' do not count considering you were irresponsible in this situation.
Sorry. |
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Buddy
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Call a lawyer, the code officer in your town, your landlord is responsible for this damage. Sounds like he needs to fix a lot of things in this building. If your couch is damage then the landlord is responsible to give you what the value of the couch is.
4 am call him, tell him that your ceiling has caved in and water is coming into your living room. |
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dray
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I would like to know can a tenant sue a landlord if they step into a hole in the floor if the landlord didnt know about the hole in the floor. |
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joanna
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do u think i could sue my landord the house is rotten with dampness and i mean really bad she has done nothing about it keeps puttin it off ? |
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