Is there some sort of legal action I can take against my apartment complex? Please help ASAP!?

I have a lot to say, but I will try to keep it as short as possible. Okay, on New Years Eve at 9:00pm my car was broken into right outside my apartment as my husband and I was watching a movie. The steering wheel column was busted and a window busted out, therefore resulting in a non-drivable car. I was left without a car for 2 weeks. I had to pay for the car to be towed, a rental car, and for it to be fixed. I told the complex, but they said there's nothing they can do. I told them I wasn't paying the rent for the month. Now I'm being harassed due to non-payment. This is not all!!!! A year ago there was a leaky ceiling, which damaged my clothing and left them moldy. They said there was nothing they could do. I called code enforcement, they came out and gave them a week to stop the leaking and repair the inside of the walls. All the complex did was come out and spray paint the stains on the ceilings while I was away from home. The front door is also off the hinges and during the winter months it stays cold. They have not repaired this completely, and it has been this way for 2 years. They are threatening to evict me now, and it's only been 16 days behind. Is there some sort of legal action I can take against them for all of the pain and suffering? Can they evict me this soon, before the month is even over?

Libraryanna2011-01-19T18:23:53Z

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Why are they responsible for someone breaking into your car? I don't get that. Unless you live in a high security complex and they failed in some way to provide the security the promised and that resulted in the break in, it's not their fault. Stuff happens and it doesn't sound like they did anything wrong. There was no duty owed to you to prevent crime. Why didn't you file a claim on your insurance, or didn't you have any?

Even if it were their responsibility, you have no reason to withhold rent. You can only withhold rent if the place is not livable - no water, no heat, etc. and they have refused to make repairs.

Just pay the rent. If you have an eviction filed, you will not be able to rent an outhouse. They can start eviction proceedings as soon as you are past the grace period in your lease. So you better act now.

You can't complain about the door if it's been that way for two years. Why didn't you complain sooner and why do you stay if the place is so bad.?

You have no legal action. You either pay the rent or move.

You might have had a claim about the damaged clothes - if they knew about the problem and did nothing. Of course, they could argue you knew about the leak and did nothing, since it was there long enough for your clothes to get moldy. (Didn't you notice your clothes were wet or smelly?)

You would have a terrible time in court.

The Arbiter of common sense2011-01-20T02:26:04Z

You could have gone to your local landlord tenant court and asked for a remission of rent because of the door or the leaks, if hey failed to correct the problems.You do NOT have a right to arbitrarily stop paying rent.

As for the car, that is not even SLIGHTLY the fault of the complex, and when you refused to pay rent, you violated your lease. That part is universal. What they can do, and when you can be evicted, depends on your local laws, but typically, you are given a very short period to make up your rent. 16 days is well beyond that period.

lcr0002011-01-20T02:19:53Z

this what happens when you ask questions after you do something someone else told you to do, with holding rent will land you in court every time, you complaints have nothing to do with the rent payment as the judge will tell you, so either you pay the rent and go through the correct channels or go to court , get evicted and ruin your credit.

redgator2011-01-20T02:13:47Z

They can evict you after being one day late. Apartment complex has no liability towards your car. Contact your insurance company. You have no right to not pay rent. There is no pain and suffering.

SugarBear2011-01-20T02:17:13Z

Your landlord is responsible for providing you with a habitable place to live. They are not responsible for your car or your personal belongings. That's why you purchase car insurance and renters insurance.

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