Can I sue my landlord because of the rude behavior of the superintendent?

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Can I sue my landlord because of the rude behavior of the superintendent?

When we moved to that apartment we had a lot of cockroaches in it. I went to our super asking to call for inspection. He said he will send somebody to us. The same night my husband and I decided to move furniture in the kitchen and find a nest of cockroaches. There were a lot of cockroaches between the wall and kitchen cabinets. The next day when he came to our apartment he started yell at us saying: “Why did you move furniture?”, “You are stupid”, “Go back to your country”. Now I want to move out from the building and I want landlord to pay my moving expenses. What are my chances?

Asked on October 2, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue you landlord as a result of the rude behavior of his superintendent as stated in your facts for your question but the chances of you prevailing in my opinion is pretty remote. The reason is that in this country one experiences many things, good and bad. For you to have a legal basis for bringing a lawsuit there must be some established cause of action as a matter for law and actual damages.

Having hurt feelings alone as a result of someone saying that your are stupid and other insensitive things is simply not the basis for a lawsuit. The superintendent could claim what he said was his opinion and protected under our country's Constitution as free speech.

Good luck.

 


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