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If your landlord breaches the warranty of habitability or the warranty of quiet enjoyment, you may be able to sue her to recover monetary damages.In some states, such as California and Arizona, you may be able to seek emotional distress damages if the landlord's actions were particularly egregious.
Uninhabitable conditions can include dangerous ones, such as holes in the floor, unsafe or exposed wiring, or non-working air conditioning in dangerously hot summer months. Gross infestations of roaches, fleas or other pests are also uninhabitable conditions.
Health Issues When the environment in a unit becomes hazardous to one's health, the rental is considered to be uninhabitable.Other health risks such as mold and asbestos can make a unit uninhabitable, by causing respiratory problems and serious illnesses.
If you're seeking damages for emotional distress caused by a landlord's discrimination, or punitive damages for especially blatant and intentional discrimination, a lawsuit may well be your best bet. Understand what's involved in suing your landlord. You may file a lawsuit in either federal or state court.
In California, habitability includes the following specific warranties: A dwelling also may be considered uninhabitable (unlivable) if it substantially lacks any of the following: Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors.
For other tenant/landlord affairs information, residents may contact the NJ Department of Community Affairs, Division of Codes & Standards, Landlord/Tenant Divsion by phone 609-292-7899, on their website at www.nj.gov/dca or by mail at P.O. Box 805, Trenton NJ 08625.
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When a home is condemned, the owner (and tenants, if any) are notified in writing that the building must be vacated. A sign is attached to the building stating that the dwelling is not fit for human habitation, and that it cannot be occupied.The owner of the building may be ordered to repair or demolish the building.
Step 1: Notice to Vacate. Step 2: File the Ejectment Lawsuit. Step 3: Judge Signs the Order to Show Cause. Step 4: Serve Documents on the Occupant. Step 5: File Proof of Service. Step 6: Court Hearing. Step 7: Service of the Order of Possession. Step 8: Request Writ of Possession.