Q: suing landlord due to discovering the home i rented had no insulation, missing heating ducting to room, gaps at the roof
unsealed windows , and landlord knew these conditions existed prior to lease. can i seek punitive damages. paid 6 months rent in advance and suffered thru snow and freeze in winter.
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- California
- (916) 704-3009
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- Answered
A:
Yes, you can potentially sue your landlord for the issues you've described. In California, landlords are required to provide habitable living conditions, which include proper insulation, heating, and sealed windows. The problems you've mentioned—missing insulation, unsealed windows, and heating issues—can be considered breaches of the implied warranty of habitability.
You might be eligible for punitive damages if you can prove that the landlord knowingly rented the property in this condition and it caused you significant harm. Since you endured these conditions during snow and freezing temperatures, this strengthens your case. Collecting evidence, such as photos, communication with your landlord, and witness statements, will be crucial.
Additionally, since you paid six months' rent in advance, you may also have grounds to seek compensation for any overpayment if the property was not in the condition promised. It would be beneficial to consult with a lawyer who can help you navigate your legal options and determine the best course of action. Good luck with your case!
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