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???
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???