Monday, September 19, 2011

Lesson #5: Cat urine causes a lot of problems

If there is an odor of cat urine in your apartment when you move in, tell your landlord he has to fix it. If he doesn't and the urine causes headaches, nausea, and burning eyes, or you are even embarrassed to entertain your guests, than the landlord has breached warranty of habitability. That warranty of habitability guarantees:

  1. All areas used in connection therewith in common with other tenants or residents are fit for human habitation;
  2. That area is able to be used as reasonably intended by the parties; and
  3. The occupants of such premises shall not be subjected to any conditions which would be dangerous, hazardous, or detrimental to their life, health or safety.

Cat urine breaks guarantee #3 and therefore, you will be entitled to damages.

How do I know this? Because I have read like, 20 cases about cat urine in apartments. In fact, I've even read a dozen cases about trash-related odors from awkwardly placed dumpsters and cruciferous vegetable odors that have breached the warranty of habitability. And the really eye-opening fact? They all take place in New York. And New Yorkers complain that Jersey smells. Case law begs to differ.

3 comments:

  1. Can you come to Spain and tell landlords here that tenants have rights?!?!

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  2. i was so sure that story was related to your apartment smelling like cat urine. way to get my hopes up then crush them.

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  3. i concur with scully's comment. misleading post. libel. something. i win.

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