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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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