Q: Can I sue my apartment for not fixing AC for over a year. Causing financial and emotional harm.
Moving in on September of 2022 my wife and I had our first child. And we noticed the AC in our unit did not work as well as we wanted. By end of day our unit would be 80+ degrees which with a newborn was impossible to sleep at night. Maintenance would continue to state over the last year that it was due to the sun hitting the unit. This continued for over a year 30-40+ maintenance tickets later.
That all was until this last week a contractor came confirming what I thought since moving in. The duckwork was damaged causing heat and AC to escape into the space above. Which caused financial strain as I was paying 200-350$ a month on heating and cooling. After being told for over a year that the duck work was not damaged.
So is this a sue-able case. As financial and emotional stress was caused by an apartment’s inability to insure duck work was not damaged which would of kept from financial and emotional stress?
First, you can sue anyone for almost anything (there can be a penalty if it's frivolous, however. Don't worry: your situation is not 'frivolous' in my opinion). The real question is whether you can succeed in that suit. I think you have a fair chance of success - nothing certain - but if you've got good records of each call and result of that call it will help your case.
I always recommend consulting an attorney. That said, you can file a 'tenant assertion' and ask the judge to refund a portion of the rent paid. The attorney you consult can explain further. I can't stress getting an attorney enough: statistics show that well over 80% of unrepresented consumers in civil court lose. Beware that some leases have you paying the landlord's attorneys fees or have other restrictions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.