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Suing my landlord

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ginmariek

Junior Member
What is the name of your state?What is the name of your state? West Virginia

I am suing my former landlord in small claims court for a rent refund. We lived in a house for 22 months that is over 150 years old. The landlord painted over water stains on the ceilings and walls, and placed carpet and cabinets over rotted floors to conceal that the roof was leaking. When we first inspected the home, we did not notice these other things: there were no heater vents in the second story of the home (i.e., no heat source), all of the windows were nailed shut, and there were exposed electrical wires on the outside of the home accessable to children. We initially had HUD, Section 8 Housing, for the first 12 months of the total 22 months. HUD inspected the house. The inspector is sending me a letter stating that the home passed inspection, but barely at that time, and that it was in a shabby condition when it was inspected. The landlord refused to repair any of the problems, and we were reduced to living in four rooms out of the 8 rooms ("living areas") provided. I have dated pictures of the water stains after the first rain when we moved in, and pictures of the rotting floors because we had to pull up carpet due to mildew and mold problems because of dampness and the rotten floors underneath. After 12 months HUD discontinued our contract due to failing to meet income requirements. Prior to moving out, I called in city inspectors, and they issued 25 owner violations. The landlord has stated as his defense that I moved into a beautiful old house, and that I left it in a mess. When I moved out, I re-painted, cleaned, and left the home in better condition than when we moved in, except for not painting over water stains. The landlord does not seem worried at all that I have sued him, and has shrugged it off as no big deal (that's his attitude), which has made me wonder, if I have a good case. State statutes support my claim, I have dated pictures during our tenancy, as well as pictures when we moved out of the clean house. I have copies of letters written to the landlord requesting repairs be done. I have a written statement from the original inspector, and I have a copy of the city inspector's report. There is no way, I feel, that a judge could possibly blame me for things like a leaking roof, rotting floors directly under the leaks, rotted, molded and mildewed carpets, rotting window frames (the windows are the original ones dating over 150 years old), inadequate heating, electrical hazards and fire hazards, peeling paint, and holes in the siding on the outside of the home. Do I have a case, or is he right to be smug???
 


ginmariek

Junior Member
What does that mean to me? Does anyone out there know if this is a good case for me to pursue? Oh, and yes, he is a slumlord with hundreds of properties throughout WV, and has a reputation for taking people to court and suing for damages. I just thought that if I kept records, dated pictures, and called in authorities (i.e., city inspectors), that this would be a good case. Is it, or is it not?
 

JETX

Senior Member
ginmariek said:
What does that mean to me?
It 'means' to you about the same as your rambling post means to us.

Does anyone out there know if this is a good case for me to pursue?
No. We have not viewed the evidence, seen the charges by the landlord, and you have not provided even the most basic of FACTS. If you feel that you have a case, go for it. The court will decide if you, in fact, do.

Oh, and yes, he is a slumlord with hundreds of properties throughout WV
Another example of your idiocy. That 'claim' is NOT relevant to YOUR case.

and has a reputation for taking people to court and suing for damages.
And yes, another.

I just thought that if I kept records, dated pictures, and called in authorities (i.e., city inspectors), that this would be a good case. Is it, or is it not?
Yes, it is a good case. However, whether you will win or not.... is ENTIRELY up to the court.
 

ginmariek

Junior Member
You call it rambling, I call it long. Obviously you don't have a long enough attention span to digest important information, and this site is probably just a free place for you to fulfill your need to try to insult people. By the way, it IS relevant if the landlord has a history of suing people, all you have to do, as I have, is go to the courthouse and request records of suits filed by his company, or himself in magistrate court. It is free information. Oh, and DUH, of course it is entirely up to the judge, unless there's a jury. So if you can't be helpful, or look at the facts in more than one 'light', then go 'help' someone else. Oh, and what better justice is there for a slumlord than airing his wrong-doings in a public manner, and to be judged by a jury of his peers, who probably would be repulsed that anyone would expect a tenant to live in such a condition, while they live in luxury on a hill in an exclusive neighborhood. I hope it's not you, because even if I don't win, I will drag this person's name through mud publicly.
 

JETX

Senior Member
ginmariek said:
You call it rambling, I call it long.
Okay, compromise and call it 'long AND rambling'!! :D

Obviously you don't have a long enough attention span to digest important information, and this site is probably just a free place for you to fulfill your need to try to insult people.
Awwww... poor baby. Did you get your little feeling hurt?? :eek:

By the way, it IS relevant if the landlord has a history of suing people, all you have to do, as I have, is go to the courthouse and request records of suits filed by his company, or himself in magistrate court. It is free information.
Yep. But how is that relevant to YOUR case?? Of course, as I said, it isn't. If the landlord has a tendency to rent to 'low-life, deadbeat tenants' (as he apparently did in this case) and as a result of that, has to file numerous suits... how does that help YOU??

Oh, and DUH, of course it is entirely up to the judge, unless there's a jury.
DUH, you think???

So if you can't be helpful, or look at the facts in more than one 'light', then go 'help' someone else.
Nahhhh, you appear to be needing a lot of 'help'......

Oh, and what better justice is there for a slumlord than airing his wrong-doings in a public manner
You are indeed an idiot.
Here you proclaim of his 'wrond-doings in a public manner'.... yet you just complained because he has so many lawsuits as somehow supporting your position. Do you really think that this 'slum-lord' is going to care about how he appears in your little piss-ant lawsuit??? Of course not.

and to be judged by a jury of his peers, who probably would be repulsed that anyone would expect a tenant to live in such a condition
ROTFLMAO!!! Did you even think about what you posted. I would think even less of someone who would accept, or even argue, to be able to live in a slum.
And if they are HIS peers.... you don't stand a chance.

while they live in luxury on a hill in an exclusive neighborhood. I hope it's not you, because even if I don't win, I will drag this person's name through mud publicly.
Then why the hell are YOU living there??

Clearly, in a battle of wits, you are unarmed. I would love to be in that court room when you present your 'case'.
 

ginmariek

Junior Member
First of all, obviously I'm right about all of you needing a place where you think you're important. Would you move into a slumlord's house if in an emergency situation (say a child in the hospital with asthma due to a flooded home in WV), and it was the only place on short notice you could find, and upon initial inspection, at least, it appeared that the house, even if rather old and ugly, was at least solid and warm. However, it was one month later when much to our surprise during the first of many long rainy nights while we lived there that the fresh new paint peeled off the ceilings and walls revealing the well-disguised leaks. And honestly, would you actually look for heater vents in the rooms? I've asked that question, practically polled it, and nobody thinks they would have. So, you can call me an idiot if you want--but it takes one to know one. Oh and by the way, my husband is a disabled veteran, and I have three autistic children, and therefore moving is very difficult, which is why we suffered for 22 months. Oh yeah, and don't forget about the asthmatic. Anyway, who cares??? I should change my name and claim to be from New Orleans; you'd probaby be licking my shoes and sending me checks, and building me a house too. Veterans don't exist, why did you have so many kids anyway, blah, blah, blah......The truth is you only wish you had the brains to write anything intelligently that took more than 10 seconds to think about.
 

dcatz

Senior Member
You weren't getting incorrect information, but you didn't like the way it was presented. No comment. Vet to Wife-of-Vet, if you still want feedback, I'll try.

Yes, I think you have a case. And it sounds as if you've been doing the right things to prepare for it. I'd like to know more specifically what it is that you alleged. Your case stands or falls on your ability to prove your allegations.

I am suing my former landlord in small claims court for a rent refund.
Didn't think there was a Small Claims Court in WV. Are you in Magistrate Court? (I know you said the landlord sued there before; are you there?) What County? What Court? How much are you seeking? Has a Notice of Hearing been given? What date? Have you done discovery?

Have you already got the letter from HUD. Do you know if HUD had Sect. 8 contracts at that premises before and, if so, did HUD terminate any for premises defects? You mention the landlord's company. Was your premises actually owned by the company? Has HUD got contracts/cancelled contracts for other company-owned tenancies?

What do you know about other city Code violations - number, disposition?

Did you sue the landlord or his company or both?

If there's time before your case goes to trial, I'd like to know more about the other lawsuits. Landlord sued tenant or tenent sued landlord; I'd like to know about any tenent sued landlord. We can arrange direct email contact, if you're interested and it helps.

Maybe you're past the point now, but the WV State Bar did have a service for a 30 min. phone consultation for $10 and it also had a free Tues. nite consultation hotline. You'll have to check on those directly.

The landlord IS smug because he has been through it before. That's correct. Between the two, which is more important, getting money or getting the landlord?
 
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JETX

Senior Member
ginmariek said:
First of all, obviously I'm right about all of you needing a place where you think you're important.
Nahhhh, I am perfectly happy where I am. Can you say that??

Would you move into a slumlord's house if in an emergency situation (say a child in the hospital with asthma due to a flooded home in WV), and it was the only place on short notice you could find, and upon initial inspection, at least, it appeared that the house, even if rather old and ugly, was at least solid and warm. However, it was one month later when much to our surprise during the first of many long rainy nights while we lived there that the fresh new paint peeled off the ceilings and walls revealing the well-disguised leaks. And honestly, would you actually look for heater vents in the rooms? I've asked that question, practically polled it, and nobody thinks they would have. So, you can call me an idiot if you want--but it takes one to know one.
Since you asked what I would do on 'discovering' that problem....
1) I would first have started documenting my problem IMMEDIATELY by notifying the landlord in WRITING!!

2) Second, failing that, I would have again reminded the landlord of his statutory obligation under West Virginia law:
§37-6-30. Landlord to deliver premises; duty to maintain premises in fit and habitable condition.
With respect to residential property:
(a) A landlord shall:
(1) At the commencement of a tenancy, deliver the dwelling unit and surrounding premises in a fit and habitable condition, and shall thereafter maintain the leased property in such condition; and
(2) Maintain the leased property in a condition that meets requirements of applicable health, safety, fire and housing codes, unless the failure to meet those requirements is the fault of the tenant, a member of his family or other person on the premises with his consent; and
(3) In multiple housing units, keep clean, safe and in repair all common areas of the premises remaining under his control that are maintained for the use and benefit of his tenants; and
(4) Make all repairs necessary to keep the premises in a fit and habitable condition, unless said repairs were necessitated primarily by a lack of reasonable care by the tenant, a member of his family or other person on the premises with his consent; and
(5) Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him by written or oral agreement or by law;


And finally... if the landlord were still fail in abiding by the terms... I would start a legal process to TERMINATE my lease obligation since the property is such a dump.

Oh and by the way, my husband is a disabled veteran, and I have three autistic children, and therefore moving is very difficult, which is why we suffered for 22 months.
And of course, those are only excuses. If it was nearly as bad as you say... there is NO excuse to remain.

Okay, lets get rid of all the whining and bitching....
The bottom line here is... You have filed a lawsuit (apparently) "in small claims court for a rent refund." If your claim is solely due to the condition of the property, the answer is no.
If your claim is due to some overpayment of your agreed rent, if you can prove that overpayment..... then you may have a valid claim.
 

ginmariek

Junior Member
I see you did some homework. However, if you read everything, then you would know that I did send letters, have copies of them, have dated photos, witnesses, and former tenants of this landlord who are going to court in my behalf. Further, if you remember, I first rented the home under a Section 8 HUD Housing program, and rent under that contract is calculated based on the amount of sq. feet of usable space. After my lease period, 12 months was up, there were no changes in the lease, and it continued on a verbal month-to-month basis. Therefore, I do believe I am entitled to a refund based on the calculation of how many sq. feet of living space was actually in a liveable condition in the home.
One thing I'll agree with, is there is no excuse for continuing to live in a situation like that. My husband didn't want to move (I'll never understand why), and finally after 22 months of hell, I put my foot down. However, that still doesn't excuse during the time that I lived there the landlord not fixing the problems, or intentionally concealing them in the first place.
The calculation of a refund is based on the HUD lease/contract, and I am assuming that even though HUD withdrew from the lease/contract after 12 months (because we were disqualified due to making too much money), that since no changes were made, no new lease signed, that just because HUD withdrew from the lease doesn't mean that the landlord and I were not still bound by it legally without making agreed written changes or signing a new lease.
By the way, I do like the house I live in now, thanks for asking. It's a nice house, a nice neighborhood, and a good school district.

Thanks for the kind advice.
 

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