Legal Question in Real Estate Law in North Dakota
Tenant's Rent and Deposit
In Nov. 1999, my college daughter paid a $225 deposit and $225 rent for an attic apt. The house had forced air heat so the attic was heated from the main floor. The renter below was a smoker. Thus, vast amounts of smoke permeated the air. This adversely affected my daughter's asthma. She and I complained of the smoke, the chimney was cleaned and the vents were sealed, however, then there was no heat. By July 8th, my daughter moved out telling the landlord she could not live there for health reasons. He tried to make her believe she had a year lease, however, she had only filled out an application for the apt. He refused to permit her to move out. When I visited him, he agreed to refund the remainder of July's rent and to refund the deposit. He is now refusing to give her any refund. Her apt. was left in better shape than she originally found it. Small repairs had been made, locks installed, etc. Is there somewhere she can go to help settle this dispute? Is this a case for small claims court? Is there some state agency that could handle this matter. She needs to secure this money back.
2 Answers from Attorneys
Re: Tenant's Rent and Deposit
An application is not a lease unless it says it becomes one upon acceptance by the landlord and contains all the terms and provisions of a lease.
In any event, the landlord's obligation is to provide premises which are safe, heathful and fit for human habitation, which includes heat and clean air. The failure to provide these things is a "constructive eviction" and provides a legal basis for declaring the rental agreement terminated.
This is indeed a case for small claims court, as a civil penalty and attorney's fees could be added under the right circumstances.
Re: Tenant's Rent and Deposit
The amount of the dispute governs which court you can go to. I'm assuming that this is less than $3,000. If so, you can take it to small claims court. You have a great case anyways. By allowing the smoke to blow into her apartment and then having no heat is what is called constructive eviction. The living conditions of the apartment are so bad that nobody is expected to endure it. She has every right to move out whether or not she had a lease.
Jeff Turner; Oliver Law Firm; 248-7757.
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