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Thu 30 Sep, 2004 12:39 am
We had a serious leak from the second floor condo.
They promised to repair but never did.
If I were the owner I'd take them to the small claims court.
But I am renting this place. I am planning to buy it soon, but meanwhile I am a renter.
The owner is outside of states and her old mother is in touch with me.
The question is can I as a renter take them to the court? It will be for about $1200 in repairs. After all it's their fault and responsibility to fix the problem.
Why not ask your local magistrate or district justice?
Could you get a limited power of attorney from your landlords empowering you to act for them in this matter?
Condos have documents that deal with litigation. Also a member of the board could probably answer some questions for you as the Condominium Association deals with these issues.
Yes, it doesn't seem like something you want to take to court. The property managers are responsible for these things. Make a little noise, and I'm sure they will sort it out for you. The last thing they need is a tenant taking them to court, i.e. good luck selling the units once someone takes them on legally.
Also, as a potential buyer, you have certain power. You live there, you have stated intent to purchase, and they need you more than you need them. They will hedge their bets in your favour. My guess is that even a threat to take them to court will result in a speedy repair.
You don't seem to have what's called standing to sue. Unless you have damage to something you own, you can't sue. Of course the owner of the building has a claim. If he or she has failed to attempt to get a payment for repairs, that's his/her problem, not yours.
I missed that Jes...thought there was damage to personal belongings...you're quite right.
Hmm, I assumed that the $1200 dollar claim was for personal damages. Bad armchair lawyer me...
In Massachusetts you have the right to demand that the landlord make the repair. If they don't, you can make the repair yourself and deduct the amount from your rent (you should make a well-documented effort to request the landlord make the repair).
Whether the real fault is the upstairs neighbor is not your business. That is a battle between the owner of your apartment and the neighbors.
You probably should get real advice from a real lawyer.
But , I would send a certified letter saying that I would make the necessary repairs by such and such a date, and will be deducting the costs from my rent.
The landlord can sue if they want.
Noddy24 wrote:Why not ask your local magistrate or district justice?
Could you get a limited power of attorney from your landlords empowering you to act for them in this matter?
Power of attorney canot be used in CO small claim courts
In this jurisdiction, you'd have to take it up with the condo association. The owner of the unit only owns the insides of the unit. The owner wouldn't even be able to take it up with the owner of the upstairs unit.
You definitely need to look into Colorado laws that apply to condominiums.