can I sue? (Should i)

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cailin1828

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I just posted about my problem with a brokers fee. Now, I am posting about what led to my moving in the first place.

In November (thanksgiving week), my ceiling started to leak in my bedroom in my apartment that I'd resided in for over 3 years. I notified the super (who was my neighbor in the building), and he came over and looked. As it dripped on his hand, he told me nothing could be done until the next Monday, because it was Thanksgiving weekend. I tried to argue but he was insistant, saying nobody was available. I said fine.

On Saturday night, I came home at about 3am to find my ceiling, where the leak was, "pregnant". I lifted my bed up out of the way (the room was very small, so the only place to move the bed to was to lean it up against the wall. There was no headboard, just a mattress and box spring), and went to sleep on the futon in the living room. I moved my fish (who was right under that hole), and my cat out of there and shut the door.

While I slept, the ceiling collapsed. Everything else that was in my bedroom got soaked with brown liquid. My bed got some on the side, despite my having tried to avoid that from happening.

As soon as I saw this, I went and knocked on the supers door. I told him that it was no longer a leak, and he needed to see it. So he came over and looked. There was stuff EVERYWHERE, from the ceiling. Including ripped off paint and various debris.

He once again told me, nothing could be done until Monday. He also told me not to touch anything that was on the floor. I said fine. But I had to walk through that room to get to my bathroom.

It smelled disgusting, of mold and mildew and just nasty. I took a lot of photos of the mess.

On Monday, the landlord sent someone to clean it up and began "cleaning" up the hole. When I got home I ran into him and there was still a huge hole. I told him I had no place to sleep. He told me I should put my bed down under the gaping hole!!!! I said no way. He offered to cover it with a garbage bag, which he did. I continued to sleep on the futon. Now, several pieces of furniture were ruined.

A few days went by, and finally they came back and covered up the hole with plaster. In the process, they left plaster dust ALL OVER my room, as if it wasn't bad enough.

I was told it would be finished that week - that they needed to finish it up and repaint it.

A few days went by, so I called the landlord and asked when they were coming. He said that week. So every day for the next several days, I would lock my cat in the bathroom (she is nosy), and go to starbucks for 4 or 5 hours to get out of their way. each time I came home, nobody had been there.

After more calls and speaking to the super and this pattern continuing, and my sleeping on my living room futon, I tried to keep hope. But Christmas came, and I was still living in half of my apartment. I decided to withhold rent for December until they came and fixed it and cleaned up the mess. Not only did they not come back, the ceiling started to leak again and I notified the super.

Nobody came. Finally, I decided to move. Halfway into a lease (but my 3rd year in). I notified the landlord the day I was moving (left a voicemail). The super saw me moving out as well.

I got all of my stuff out. Then the landlord started leaving voicemails, really pissed off. Telling me I had to come and clean the apartment. That fine if I was going to break the lease, but that I owed him $100 (he kept the security deposit as Decembers rent, but it was $100 less then what I was then paying). First of all, doesn't security deposit money earn interest?

Anyway, so, my argument was a bunch of my stuff was ruined and I had to replace furniture. Including a television set, a table, a lamp, and various other things. Not to mention my box spring being ruined and part of my mattress stained with the ceiling liquid. (although I've kept that -for now - until I can afford a new one).

Do I have a case here at all? Might I add that the entire building is mouse and roach infested? I had to throw stuff away over the years because of bugs. I had also asked the landlord to do something about that. He did not.:mad:
 
You can report the situation to the city agency that support tenants.
If you aren't sure, call city hall and ask.

You do have a case.
It is a very good case.

The landlord's failure to repair the damages in a timely fashion forced you to leave the unit.

What you were forced to do is considered a repudiatory breach. This is a breach so fundamental that it permits the aggrieved party to terminate the performance of a contract in addition to entitling that party to sue for damages. The contract in the instant matter is your lease.

Contact a lawyer and see what remedies are available to you.
You have the foundation of a very good case.
You can do it yourself, but see what a couple of lawyers have to say.

I think it is pointless to have any further contact with your former landlord.
So, don't indulge him.
If he calls, tell him that you have been advised by your lawyer to have no conversations with him.
Then tell him, your lawyer will be contacting him.
 
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