Do I have a case to go to small claims and request my 3 months rent and security deposit back?

UPDATED: Feb 10, 2012

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Do I have a case to go to small claims and request my 3 months rent and security deposit back?

My apartment was flooded by the tenants above me 3 months ago. The landlord still has not fixed my damages – stained ceiling with holes that began chipping, molded carpet, personal damages, etc. I have also been dealing with these tenants harassing me and my neighbors by banging on our doors at 2 am and throwing huge parties were people throw liquor bottles off the balcony. The cops have been involved over 10 times. I want them to compensate me for the last 3 months because I was unable to go into my living room due to them not promptly fixing this.

Asked on February 10, 2012 under Real Estate Law, Rhode Island


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be able to recover some--or even  most--of your rent for the past three months, due to the fact that the landlord--

1) breached the lease, by not giving you access or use of all the space you were paying for (i.e. you not use your living room)

2) violated the implied warranty of habitability, in that he did not repair conditions affecting habitability (the mold and water damage)

3) breached your right to quiet enjoyment, by not taking action against the other tenants.

You may also have grounds to terminate your lease early due to these violations. You should speak with an attorney about how best to vindicate your rights.

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 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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