I was lied to about construction defects at my apartment complex and the amount of time it would take to correct them. For over a year, I’ve lived with dust and debris and have developed severe breathing difficulties. Can I sue?

Yes, you can. Unlike a homeowner, a renter has to rely on the truthfulness and integrity of the management or owner, which may, unfortunately, be lacking. There could even be a claim for bad faith, meaning an action could be brought against the management or owner for their willingness to conceal or ignore problems with the property for their own gain.

If they have made a good faith effort to take care of things, and to keep you informed, you may be able to go directly to the management with your claim. If not, get an attorney involved. Either way, get all the medical care you need, and save all receipts for medicine and treatments. If you have lost wages, show that, too. If you have filthy conditions in or near your apartment, you are entitled to compensation for value lost and for the hazardous and unsightly condition. Make note of all the ways in which you have been injured: inability to park or damage to your vehicle, illness from the dust, a noisy environment, loss of sleep, loss of ability to invite friends or relatives due to the conditions, inability of children to play safely, and so on. If it is that dangerous, you might even want to consider a temporary move to another apartment to mitigate your damages. You can recoup any additional monies you have to pay out to cover it and such a move shows the apartment complex’s insurance carrier just how serious the matter is. A letter from your doctor supporting the move will serve as documentation proving the necessity to do so.

In one instance, a class action lawsuit was brought against an apartment complex for creating unsafe conditions during reconstruction as a result of original flaws in the work, and for not communicating honestly about the problem or length of time the reconstruction would go on. As a result of this negligence, tenants could not make informed decisions about whether to move, and suffered needlessly. The management attempted to offer them a pittance. Instead, the tenants collected several thousand dollars each.

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