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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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I am being sued for $700 dollars for breaking my lease and damaging my apt. Damages I did report and took pics of when I moved in. There were almost 100 documented occasions (through codes/compliance, letters and phone records) where my son and I went w/out utilities and the a/c didnt work at all. I say this bc utilities they were included in my rent. My lease states if I can prove negligence full daily rent can be rebated for interruption. I left a month early bc on Labor Day a fire took place on the floor below me. I felt unsafe bc the fire alarms were silenced by management prior, and no one even there was a fire going on. I sat in my apt w/one below me burning for almost 10 min. I have a incident rpt from NNFD affirming silenced alarms and the panel being held together by tape and tweezers. Does this show negligence and what are my chances of a countersue for my utility rebates and deposit? Also pls see my interview with the news station the day after the fire and you can get a idea of the apt that is suing me. Thanks
Alarm, back-up alert system didn't work during high-rise fire | TOP STORIES | WVEC.com | News for Hampton Roads, Virginia |
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#2 |
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I didn't read the news interview. (Since it is a 3rd party source, it may not be considered as evidence.) I'd rather interpret the case on your testimony here, just as it would be ruled upon in a court of law.
For the utility rebates: You state that there were over 100 interruptions of service. Over what period of time? (Months? A year?) Were each of these instances documented? How long were the utilities out for each of these? (I know they vary, but a court may not hold that you are entitled for a rebate if you were only without power/water for a short period.) How many of these had you without power for at least 8 hours? For 6 hours? For 4? What was the average length of time the utilities were out? Did you request a rebate at that time from the LL? (Each occurrence, or at least each month?) When you reported being without utilities, did the LL take prompt steps to repair quickly? (The information provided from these questions will determine if you can get the rebates.) Also, please list the exact clause of your lease that states you can get rebates. We need the wording of that clause. You have a report from the fire department that shows silenced alarms. These were silenced before the fire, I assume? Was this corrected after the fire? Did you make a request to have the alarms repaired and did the LL take steps to get the alarms back in service quickly (within 72 hours)? If you made no request to have it corrected, you may be liable for breaking the lease early. You must make repair requests and allow the LL reasonable time to repair (normally 48-72 hours for emergency situations) before you can take other remedies available to you (like repair & deduct, rent withholding, or termination of the lease). Did you make this request? Does the fire department report show who silenced the alarms? Is the alram in a locked area accessible only to the LL or is it in a public area? We need answers to these questions before we can tell you if you were justified in terminating early and are entiteled to utilitiy rebates or your deposit back. |
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