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Countersuing our landlord

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Old Aug 21st, 2008, 11:57 AM     #1
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Question Countersuing our landlord

Five tenants are countersuing their landlord and want to include intentional emotional distress as a complaint. These charges include continual, unannounced, and illegal invasion of privacy, verbal sexual harassment, illegal and untimely (eight days oral notice) eviction, basic utilities often in disrepair, unreliability in reference to all landlordly duties, and the just the basic fact that he treated us horribly and deceitfully during our tenancy. We have other complaints that have clear cut monetary values. Two tenants suffered anxiety attacks with hospitilization and medication prescriptions resulting. I am unsure how to proceed from here. Please help me! I appreciate it!
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Old Aug 21st, 2008, 04:10 PM     #2
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Default Re: Countersuing our landlord

Emotional distress is not a cause for a suit against a LL. You can sue for the return of a deposit, the loss of use of a unit due to lack of utilities, you can withhold rent if a LL fails to repair in a timely manner, etc. But distress (ie pain and suffering) is not a cause of action.

Would you please elaborate on the exact specifics - what invasion of privacy, how were you evicted in 8 days, what notices you received to do this, what repair requests you made that he did not fix, etc. Also, please list your state or province since that determines what laws apply to you, and whether you had a lease or were month to month tenants.

Please post more info.
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Old Aug 22nd, 2008, 10:34 AM     #3
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Default Re: Countersuing our landlord

I think only your other claims that have clear monetary values will be able to be sued on.

You could just end your stay there as well due to the breaches.
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Old Aug 22nd, 2008, 07:42 PM     #4
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Default Re: Countersuing our landlord

You cannot terminate due to these breeches unless there are documented proof of them. Were repair requests put in writing and sent to the LL by a method that proves delivery? Did you keep a copy? You have to be able to prove you asked for repairs and that the LL failed to do it before you can terminate for failure to make repairs. You have to notify him because state laws say he must be given a reasonable amount of time to repair before you can take any other remedy (like termination). Have you got proof of these in writing?

What state or province are you in? Your invasion of privacy (I'll assume he entered without notice) may be invalid if your area has no statute to give prior notice. If no statute, he is not required to give any notice prior to entry.

What state or area are you in and do you have a lease? A month to month tenant in NC is only entitled to a 7 day notice to vacate. I think the last poster is a little hasty in his/her judgment until we know all the required info. You may or may not be entitled to sue for any of this. Please post more info.
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