Can I sue my former landlord/management company for losses for having to move due to unsafe living conditions?

UPDATED: Oct 3, 2011

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Can I sue my former landlord/management company for losses for having to move due to unsafe living conditions?

A llandlord that rented me a inhabitable home. I have pictures to back me up. I leased it on-line. Moved from out-of-state. They let me out of the lease. Returned my money. Within 2 days I was out. My elderly father and grandchildren were with me. We had to stay at a hotel for 10 days and have endured many expenses. Not to mention the emotional distress we went through. Can I sue to recoup my losses and extra for distress? This was an awful experience for all of us.

Asked on October 3, 2011 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is possible that you could recover your out-of-pocket expenses--such as costs from the additional move, the hotel fees, etc.--from the landord, due to his violation of the implied warranty of habitability, possible violation of the lease, and--depending on how he represented the place prior to your renting it--fraud.

However, you would not be able to recover for your emotional distress in a case like this. The courts only allow recovery for emotional distress in very rare circumstances, such as involving being an accident, in the "impact zone," and seeing a loved one killed, or having someone (like a stalker) go out of his or her way to deliberately inflict emotional distress. An uninhabitable home does not rise to those levels.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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