Can I sue my previous landlord for moving expenses and anguish?

UPDATED: Oct 3, 2011

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Can I sue my previous landlord for moving expenses and anguish?

I leased a home that was inhabitable. No A/C (temp was 115). Gas heater marked not safe by gas company. Dishwasher, stove, oven non-working. Pantries were filthy, house was dirty, glass in yard, etc. I have pictures to back everything up. I moved here from out-of-state and had no where else to go. Brought with me my father, who is in bad health, grandchildren who got very sick and almost dehydrated due to no A/C. We lived in a hotel for 10 days until we found another home. I want to sue for hotel, extra days on rental truck, and emotional distress. Is this possible?

Asked on October 3, 2011 under Real Estate Law, Alaska


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In every state in this country, a landlord is required to provide safe and habitable premises to his or her tenant(s). From what you have written, it appears that the living conditions of the place you rented were not acceptable and if so, you would have a basis for seeking a return of some if not all of the rent you paid for the premises.

If you can prove that you made attempts to contact you landlord to make the necessary repairs for the poor condition of the rental and he or she was indifferent, then there is a possibility that you can obtain emotional distress damages during the occupation of the rental (from a factual basis) as well as the costs for the move albeit at some point in time you would have eventially moved from the rental.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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