What do I do if asked to move out in seven days from a room I have been renting in a private home? 9 Answers as of June 15, 2015

I was served a notice to move because I complained about improper use of roach spray which caused me to have asthma attack. Roach also crawled in 4 year old son's ear under doctors care as we speak hearing has been affected and will be retested to determine permanent hearing loss. I want to move because of the above mentioned issues and last but not least there is no heat in the house, have to use electric heater which only heats the room I rent. What are my options can I sue her for re-payment of my rent or personal injury to myself and son?

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Universal Law Group, Inc. | Francis John Cowhig
You "may" be able to sue for damages. I would suggest that you contact an experienced landlord/tenant and personal injury attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answer Applies to: California
Replied: 6/15/2015
Law Offices of George H. Shers | George H. Shers
In California,the landlord must give a 30 day notice [60 days if you have lived there more than one year] or a three day notice if you are damaging the property. ?I have no idea which state you live in and what the amount of legal notice would be. I doubt a cockroach crawling into your son's ear would cause any hearing loss, and it would be very difficult and costly to prove that. ?You would have to prove that the cockroach spray was misapplied and that the landlord reasonable would know it would adversely effect you [did you tell the landlord you had asthma?]. ?You would have to show what was your reasonable expectation of heat in your room and the rest of the house. ?Since you continued to live there, it is doubtful a judge would award all of your rent back because you got some benefit. ?You would have the burden of proving what damages you suffered. ?If you do file suit, what effect will it have on your being able to rent elsewhere? ?Few landlords will want to rent to someone who sues their prior landlord, even if was justified.
Answer Applies to: California
Replied: 6/15/2015
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
Get a lawyer immediately.
Answer Applies to: Michigan
Replied: 6/12/2015
James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
If you are not behind in your rent she must give you a notice period equal to the term of your lease 30 days if month to month, 7 days if weekly. If you have damages, counter sue when she files to evict you.
Answer Applies to: Michigan
Replied: 6/12/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
You can sue, but you would have to prove with expert testimony that the roach spray caused the severe harm to your son. That can get expensive. You could also notify the City Housing people about the conditions.
Answer Applies to: Wisconsin
Replied: 6/12/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    It is unlikely an attorney will accept your claim with such modest damages. Why would you want to stay in a roach infested, toxic room. The minor amount of refund a judge might allow will not be worth the effort to go through a court proceeding.
    Answer Applies to: Montana
    Replied: 6/12/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    Do you have a written lease agreement? If so, that rules. Otherwise, the landlord has to give you a notice of more than 30 days from the end of the next rental period. Same with you: you have to give more than 30 days notice before the end of the next rental period that you are moving out. You cannot withhold rent, but you can make a claim for abatement. You can sue for personal injury if you can prove that the spraying was improper and that it caused the damages that you claim.
    Answer Applies to: New York
    Replied: 6/12/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    It sounds like you will have to move out, but you need to look at your lease and see what it says about eviction. As far as personal injuries, it sounds like your son is the only one with a claim as you were not hurt. You may want to consult with an experienced injury lawyer. Good luck.
    Answer Applies to: Alabama
    Replied: 6/12/2015
    Law Offices of Robert Burns
    Law Offices of Robert Burns | Robert Burns
    You have a duty to mitigate your damages. MOVE. There is no obligation to heat when heat is unneeded. The landlord is required to maintain the premises in habitable condition; otherwise, no rent is due until a Court orders it and the amount is for what's "reasonable" under the circumstances. This is a Small Claims matter unless there is provable substantial ear canal injury.
    Answer Applies to: California
    Replied: 6/12/2015
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