Managers Lied to Me

Hi, I live in an apartment complex, and my apartment is located on the intersection of two busy streets. My bedroom is literally facing those streets. I moved in here on 1/07. Because the noise and traffic is so bad (I already have insomnia, depression, anxiety and stress), I got a doctor's statement to my apartment managers on 9/08 asking that I be relocated into another apartment away from the street as soon as possible. My apartment managers said since I was already a tenant, I had priority over anyone else. I have asked my managers a few times, as well as the corporate office if anything has become available. They told me there has been nothing available. It turns out, however, that they have been lying to me. I just discovered today that on October 1st, they moved in a man in a one bed room apartment, far from the street. They lied to me, and they did not honor my doctor's request to relocate me as soon as possible. I think this might be a personal injury case because I have endured severe stress and mental anguish (due to the traffic and a motorcycle that goes up and down the streets day and night) living here from the time I gave my managers the doctor's statement (9/08) to the present. I am on disability because of my stress, anxiety and depression. And living in this unit has augmented my symptoms. My managers lied to me, and did not honor the doctor's statement. I've called the police many times during this time, informing them of the traffic, people speeding, and a certain motorcycle that disturbs the peace day and night. So, there are a lot of records proving the psychological anguish I have experienced from 9/08 to the present. I thought maybe I could sue this apartment complex for the psychological pain and suffering they have caused me by not relocating me like they were supposed to. Do I have a case?

If the place is so bad it is inhabitable for you, you can break the lease and leave. That is about it.

And save all reports and evidence in case they dispute it and try to take you to small claims.

Sorry, but regular street noise does not make a unit uninhabitable. That does not live up to the standards of uninhabitality set forth under the LL obligations written in state laws. It is just normal noise. If you have been there since 1/07, your lease has probably expired and you are now on a month to month agreement. If so, you can give the state required amount of written notice to terminate and move to a quieter complex.

The police reports mean nothing. The LL has no control over street noise and can do nothing about it. Since it is not in his power to control this, you cannot hold this against him. He is under no obligation to allow you to change units. You do not have a case against them for this.

If you feel you have a case over his failure to make reasonable accomodations for your disability, you can contact someone who covers the Americans with Disabilities Act, HUD, or Fair Housing in your area. That would be your only possible case, and only if your disability falls under the federal guidelines.

I would suggest you argue the noise has become extreme (from within and without the premises) and the LL is not doing anything, the windows are bad, and the like.

I did that and the LL let me go rather than fight it out. Detail every single thing that the LL has not done, if there are such things.

I know LLs reading this will disagree but if it is just plain impossible to live there, then you have to get out!

As long as the windows are operational and the noise hasn't increased from anything the LL has done or failed to do, there is no way to break this lease. You had the opportunity to view the unit prior to signing and the chance to ascertain the noise level of the neighborhood. You choose this place.

As for the last poster, sounds like it was just easier for the LL to get rid of a PITA that to tell him no.

I wonder how many peoplw who respond, are actual lawyers. The law states that it is illegal for a Landlord to say there are no available units, when in fact there are. This is exactly what they did. They lied to me.

I wasn't arguing a case against the police. I was simply pointing out that there are records at the police station of me calling them and complaining about the traffic noise (speeding, etc). This is further proof that I have suffered mental anguish from living here.

I received a doctor's statement in September -given to my landlord-- requesting I relocate as soon as possible. They did not honor this statement. Therefore, they have caused me unnecessary suffering, so I think I have a case against them. Possibly personal injury.

Oh, and by the way, I never saw the unit before I moved in.

Well that was probably your fault. You had the right to do so before you agreed anything.

I agree. It is the tenant's responsibility to request to view the unit to be sure the size, amenities, area, noise levels, and anything else about the unit meet the tenant's requirements. This tenant didn't do his due dilligence.

Unless your illness falls under the Americans With Disibilities Act or a discrimination claim under Faiur Housing, the LL is under no obligation to move you to another unit. He already rented you a unit. You should have checked it out before you rented it. It is only illegal to deny you housing if you meet the requirements or to discriminate (based on one of the required categories) against you by stating they have no housing available. They did not discriminate because they rented to you. As I said before, check with the ADA, HUD, or Fair Housing to see if your illness falls under their guidelines. If not, you're out of luck. You signed a lease to rent THAT unit.