Would it be worth it to sue my apartment complex for maintenance neglect and unlawful entry?

UPDATED: Sep 21, 2010

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Would it be worth it to sue my apartment complex for maintenance neglect and unlawful entry?

I’ve been having problems with my apartment complex for months. The dryer leaks, 3 of 4 stove burners don’t work, there is dry rot, a black widow spider problem due to patio being disgusting (my multiple requests to have it cleaned were ignored), my 5lb. dog was bitten and I incurred a few hundred dollars in vet bills) and now an apartment-wide renovation plan is in place with repairs being made on weekends in addition to a normal work-week schedule (very noisy). A maintenance man also unlawfully entered my apartment when I was not dressed. What should I do?

Asked on September 21, 2010 under Real Estate Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Definitely speak with an attorney--one who specializes in landlord-tenant law. You may have a cause of action against the landlord for  the habitability issues (dry rot, spider infestation, lack of a fully functional stove, etc.); all leases come with what's called an "implied warranty of habitabilty," which is that the premises must be fit to live in.

There would also be a violation for the mainatenance man's unlawful entry--though there's probably nothing you could effectively sue for with a one-time event and no actual harm done.

The dog bite is only an issue with the building or landlord if the landlord caused or contributed to it happening (e.g. it was the super's dog or a guard dog); if another tenant's dog bit yours, it's the other tenant you should probably look to for recovery.

Whether or not the renovation schedule is inappropriate is something the attorney can evaluate on the facts and advise you as to.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption