Q: I just rented an apartment 5 days ago. I was locked onside because door would not open. 6 hours later they got it open
I’m scared to death to stay there thinking had there been a fire, my 5 year old son and I might be dead or seriously burned! They drilled through the door...my son was screaming...
I don’t want to stay here. How can I get out of my lease and move to a safer space? What recourses to I have if I sue for stress...we both are scared to stay there for fear of being locked in again. We have not stayed there since this incident.
A:
Look at your lease, but the fact there was one incident is usually not sufficient to say the premises are uninhabitable. If you spoke to the locksmith and they said that there was no way they could fix it that's a little different, but locks are not the type of thing that a Court will break a lease for.
If you are eligible for Public Assistance, you meet the income guidelines to call the Legal Aid /Legal Services office in your county. Ask for the Tenant Rights unit. They can give you a good second opinion as Legal Aid attorneys handle more tenant cases than any other law office.
Likewise, I do not see any suit for stress. Other attorneys may disagree, and you should consult other attorneys in your county who handle personal injury cases. The statute of limitations for that would be two years.
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