Can I sue my landlord since my son got pneumonia because he doesn’t provide heat in our apartment? - Landlord and Tenants Law Questions and Answers- LawQA.com

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Can I sue my landlord since my son got pneumonia because he doesn’t provide heat in our apartment?

Answer By Victor Varga

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Anyone can sue for anything...question is whether there is a chance at winning. You have a chance.

Answer Applies to: Maryland
Replied: 11/20/2012


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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced landlord/tenant attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. He/she would then be in a better position to analyze your case and advise you of your options.

Answer Applies to: California
Replied: 11/19/2012

Answer By Lawrence Kroll

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You might be able to reduce your rent or withhold rent until the heat is fixed, but that relates to a breach of your lease. I think it will be very difficult, if not impossible, to prove that the lack of heat caused the pneumonia. If there is no heat, you should contact your township immediately.

Answer Applies to: New Jersey
Replied: 11/19/2012

Answer By Bijal Jani

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Yes. A landlord must provide basic amenities such as heat, water, hygienic conditions.

Answer Applies to: New York
Replied: 11/19/2012


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Maybe, but you should file a formal complaint with the Housing Court and State's Attorney.

Answer Applies to: Connecticut
Replied: 11/19/2012


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Yes. It is a breach of the warranty of habitability. You need to have given notice under the lease and an opportunity to repair. You can also sue for civil damages, such as out of pocket medical bills, lost wages and the like

Answer Applies to: New Jersey
Replied: 11/19/2012

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