Check out some similar questions!

susanmarymag · Apr 9, 2007, 05:41 AM

Hi there... I moved into a house over 2months ago and the woman that I was living with was the landlord. When we met and interviewed each other, she neglected to tell me these 2 things: (and I can prove it)
1) that she smokes - in the attic, often after drinking
2) that her Dad had a key to the house and that he comes over often, when we are home and when we are not home

These 2 details, if told to me, would have prevented me from moving in. However, she never told me, now, I am forced to move out (I am allergic to smoke) and she will not give me my last months rent back - do I have enough reason to take her to court?

Thanks
Susan

Cvillecpm · Apr 9, 2007, 06:08 AM

Yes.

excon · Apr 9, 2007, 06:38 AM

Hello Susan:

No.

excon

phillysteakandcheese · Apr 9, 2007, 08:28 AM

I don't think you have a legal case here because you agreed to be a room-mate to the landlord. You entered the agreement knowing you'd have to live with this lady.

Originally Posted by susanmarymag

...When we met and interviewed each other...

If you interviewed her, why was such a critical point on your living requirements not a part of your interview questions? It seems to me that if you knew you'd be living with this lady, you'd want to be sure you were not going into a situation where your allergies were going to be aggravated (whether due to to smoke, pets, traffic, mold... ).

Emland · Apr 9, 2007, 08:54 AM

I am going to go right down the middle and say it depends. I have no idea what state you are in or even if you are in the US. Here in VA it would only cost you $18 to file suit to try and get the $ back.

You are entitled to peaceful enjoyment in a rental agreement. I think you could lay out a convincing argument that her father having free reign to the house prevents that from happening. The smoking thing is iffy - should have asked if it was smoke free, etc.

Good Luck

Emland · Apr 9, 2007, 09:03 AM

What makes you say so, excon? Without a jurisdiction there is no way to say yes or no.

excon · Apr 9, 2007, 09:09 AM

Hello Em:

I wasn't disagreeing with you.

excon

RubyPitbull · Apr 9, 2007, 11:11 AM

I have to agree with Emland on this one. The fact is, anyone can sue anyone else. The problem is what are your chances of winning?

I think the father coming and going whenever he pleases is what should be used as the crux of the case, not the smoking. If the roommate owns the property, she should be advising any prospective roomies that her Dad has the key and he will pop in whenever he feels like it. How incredibly peculiar is that set up? That is not a question that would normally come to mind when you are discussing renting from the homeowner herself.

I wouldn't want any family member feeling free to come and go as they pleased in my home whenever they felt like it. I would feel that I had a responsibility to provide security and privacy to the person that I rented to. Allowing a third party to come in like that is completely unacceptable.

This will all come down to who will be able to argue/defend their case more convincingly in from of a Judge. Susan or her landlord. I would think it would be worth a shot to give it a try if the cost of filing in small claims is minimal.