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My Uncle is 94 and living in an apartment. A while back the sewer line in the apartment clogged up and backed up in his place. Yucky, but not the landlord's fault really. This did end up ruining the flooring which needed to be replaced.

Well, the contractor estimated 4 days for repairs. The Landlord refused to pay for a hotel during repairs, forcing my Uncle to stay in the apartment. During the tear-down the crew discovered asbestos, and halted work immediately because they were not rated for its removal. Another crew has been contacted, but it will be a week before they can arrive, all the while exposed asbestos is there. The Landlord still refuses to pay for alternate lodging during this time.

What legal recourse does my uncle have?

For now get the feth out. Is there no one who can help him live in a hotel for awhile, or stay over at a friends? Well, guess at 94 he probably isn't rolling in those...

Once you've done that, call a real lawyer. Dakka and Dakka Attorney's at Law went the Saul Goodman route and attended Guam's online program (and by that I mean the degree is a power point slide, and no classes were actually attended )

He's at a hotel, the Landlord just isn't paying for it. At the moment it looks like there might be a refusal to pay rent in-full. If it goes to court I doubt any judge would order an eviction or payment of back rent. Iowa rental laws are pretty specific on this point. That being said, what should happen isn't what does happen.

I don't want to sound too harsh or cold-blooded, but assuming this does go to court, my uncle is all ready 94. By the time this plays out there is a very real chance he could be dead, making any ruling completely moot.

What is the length of the lease? Before starting a fight look to see how much inconvenience it would be for your uncle. At 94 he may not want the fight. Alternatively, at 94 he may be raring for a fight.

Does the landlord expect a full rent payment for the time your uncle is in the hotel? If you can work out an acceptable rent reduction you wouldn't have to go to court. If the sewage thing is t the landlord's responsibility is the Asbestos abatement their responsibility? Check the law on that your uncle might be owed rent reduction based on the asbestos. If the landlord is contentious over a rent reduction then you should consult a lawyer.

As crappy as it is, a lawyer sounds like the best way. Could your uncle stay with you for the time being? Sure he's 94, but if the court settles, maybe he could cut you part of it for lodging/help with the legal stuff.

He's a pretty independent guy. Legally speaking, he has 8 months left on the lease, but the landlord is responsible for cleanup of the sewage (as it was in the common line) and for providing a habitable environment. Since my uncle didn't cause either problem he isn't financially responsible for them. Nor is re responsible for paying for rent during any time the place is uninhabitable.

I checked with a family friend (ex-lawyer, hasn't practiced in 11 years, but used to be pretty good). He basically agreed with my surmise.

I actually did asbestos law whilst in Uni.

Luckily, your Uncle will be alright, Mesothelioma takes about 40 years to kick in and kill you, by which time he will be over 130.

But check the contract, there should be a term in it saying that the Landlord must keep the house habitable. If he fails to do so it is a breech and it can be terminated.

Plus its dangerous for younger people to be around, Mesothelioma will kill you.

 cuda1179 wrote:
What legal recourse does my uncle have?

A lawyer will know.