How much should I ask for?

Question

My landlady is trying to evict me because she believes I have "mental problems". I suffer from depression and take medication, but I don't have "mental problems". I feel like it's ridiculous to even have to point this out, because I've obviously never been a danger to myself or others. I have definite verbal evidence that she said this. Also, we're made to live in uninhabitable conditions in the summer months (up to 100 degrees inside), because we aren't allowed to have AC units. Another reason they want me out is because I "illegally" installed one.

So between discrimmination based on perceived psychological conditions, violation of the Warranty of Habitibility and health codes, and emotional distress, how much do you think I can ask for in a federal lawsuit? How much have people won in similar cases? No "it depends" statements PLEASE! Thanks.

I live in New York City. Being taken to court has caused me significant emotional distress, because I don't have any money for a private attorney, plus I was having problems already when this started. Also, they claim to be a "non-profit", and say they can kick us out for any reason. But we are simply paying rent every month, and not getting any charity or social services, so IMO, this is insulting and degrading. My building is mostly students, immigrants, and the elderly, and I think they're taking advantage of vulnerable populations.

Okay, maybe the "emotional distress" thing is stupid, but the rest isn't. Yes, I could have moved somewhere else, but that's not the point! If the world allows tenants to have no rights, after awhile there will be no good landlords left. And I'm not "white trash": I've never filed a suit before, and the only reason I'm doing this is because THEY took me to court. As an analogy, hitting someone isn't so bad if they hit you first, right?

Answer 1

How could this be a federal case? I have never heard of a landlady saying you couldn't have an air conditioner. That could be harmful to your health. I considered suing my old landlord when he sold my building and didn't tell me (even though just a few months previous he was already in the works to sell it, but let me move to a bigger apartment, and made me move again 3 months later). He gave me a month to move. i started researching it, trying to see if I could make him pay my moving expenses, but in the long run one website summed it up: "it's their building, not your's. Easier to just move".

Answer 2

You don't say where you live or what kind of written rental agreement you have and an accurate answer does indeed depend on that.

From what you do say, you don't have much of a case here. First, in most jurisdictions, the warranty of habitability does not require a landlord to provide or allow AC. Don't think you'll find a health code requiring that either.

But courts will allow a landlord to evict a tenant who installs equipment or fixtures in violation of the lease. Many landlords prohibit installing your own air conditioner due to noise, safety issues in the installation and damage to the walls or windows from the installation. They can legally do that and they can evict you if you do it anyway.

As for the discrimination, if they have a legal reason to evict you, it will be nearly impossible for you to prove that discrimination is the real reason. Especially if you are relying on "definite verbal evidence". What is that? You need witnesses, documents and lots of both if you are going to come anywhere near to proving discrimination.

So I think your case is a nonstarter. Sorry, but maybe it's best to find a place where you get along better with the landlord and the AC is already in place before you move in.

Answer 3

The thing with the AC, is the electric paid by you or the landlord? Sorry, it does depend on that part of the suit! If you pay the electric, that is more to the suit!
As for the rest, you will probably own the building and then some! A court will decide on how much you will be rewarded! Find an attorney willing to take your case on a contingency, where they don't get paid until you do! Chances are an attorney will not take the case unless they know they can win! Ask around to find one in your locale who does not drag their feet and will get the job done!

Answer 4

Forget the lawsuit.
Unless you can prove that you belong to a protected class, you have no basis for a federal suit.

The laws governing evictions vary from state to state, but in general your landlady has to show cause to evict you. An eviction is a court procedure, wherein your landlady has to convince a judge that she has sufficient cause to evict you. Then the court orders you to vacate within a certain period of time.
Medical conditions are not sufficient cause, nor are psychological conditions that do not make you a danger.

Now, if your landlady has documented violations of your lease agreement, and you should know that installing an AC unit without her permission may very well be one, then she can present that to the judge.

However, she can't just show up and complain that you have "mental problems". the judge will laugh her out of court.

She can, however, refuse to renew your lease when it comes due. She does not have to justify this. She can simply decline to renew it, because that is her option, unless your lease says something different.

Good luck!

Answer 5

Honestly, the "emotional distress" plea is a bunch of bullshit. Especially for a case like that??!!! Come on, you could have moved out to a place that allowed air-conditioning. It seriously sucked that your land-lord was a crazy *****, but please, don't be white-trash and just suck it up already. You could have just moved somewhere else instead of sapping the legal system over nonsense.

Answer 6

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Answer 7

The amount involved in the lawsuit you are contemplating is pecuniary in nature and it will be the court who has the power to determine the amount.

Answer 8

Well it all depends on where you live, if you are in a rent control community, what the lease says, etc., etc.