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You are here: Experts > Real Estate > Apartment Living/Rental > Residential Property Management > constructive eviction
Expert: John Souerbry - 11/5/2009
Question
I moved in about 4 months ago. The leasing lady told me I would love it here. It has been a nightmare. The building used to be roach infested and on the walls were painted over roaches. Roach bodies in the cabinets. No numbers on the stove or oven dials. Mold laden dishwasher basket. I could go on, including the light panel that simply fell down on my head. About a month and a half ago a pipe broke under my building. It was like a hundred dirty diapers. I got ill and stayed ill and cannot get rid of my sinus infection. I believe there is mold under my apartment. Also the floor moves as if I am in an earthquake all the time, and very severely so that I fear structural damage. I have contacted the landlady to again ask to work through the problem and she began to scream at me, degrade me, and blame me. Is this constructive eviction?
Answer
In short, yes.
If the unit is really as bad as you say, you should be able to break your lease and move out as soon as possible. With all those problems and the attitude of the manager, I doubt the unit can be made right.
You should be taking pictures of everything and writing a letter to the manager requesting the repairs and a mold test. If the manager refuses any of that, your next letter should say that because of the problems that she refuses to fix you are moving out. If she keeps any of your security deposit, take her to small claims court.
Your letters should be really nasty, but don't attack her personally regardless of her attitude towards you. Focus on the facts. Let her know that not fixing these things is keeping you from full use and enjoyment of the property. Let her know that the owner of the unit can be personally liable for any medical problems (and bills) you might encounter due to sickness caused by the mold. If you can find out who the owner of the building is, send them a copy of every letter you send to the manager.
If you can afford it, seek the advice of any attorney qualified in tenant issues. But most importantly, get out of there quickly if you believe your health and safety are at risk.
I hope this helps,
John
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