Re: Constructive Eviction?

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On 6/12/09, Diana wrote:
> Since July of 08 i've had lawyers arguing with my landlord
> and their attorney's in regards to fixing up the house. I
> complained that the deck and loose boards that were
> dangerous for my children? The landlord ripped up the deck,
> told me, "is that better?" and left. No deck was ever
> replaced. There are many other things that need to be
> fixed. She rented me the home (she's a real estate agent)
> stating it had forced air heat and central air I saw the
> house once at night, and it had neither, the MLS listing
> stated it had these things. It does not have either.
>
> The more serious situation is 4/09 there has been some
> serious leaking in our ceiling in our living room the
> ceiling is actually falling down, my lawyer sent a new
> letter to the landlord, and we told her we thought that we
> could smell mold upstairs because there was a leak in my
> daughter's closet. She said she wouldn't fix it, but she'd
> provide me with a window air conditioner unit. I sent
> another certified letter 4/25 begging her to please come
> have the roof and find out where this mold smell was coming
> from...
>
> I hired a home/mold inspector certified and bonded by the
> state of IL to come out on 5/22 to do a inspection, he found
> a whole in the roof where raccoons were living. He pulled
> back all the clothes and moved the dresser in my daughters
> closet. It was shocking the water damage is so bad and
> there is mold growing everywhere, he tested it there and in
> my 2 year old's room as well, its not black mold, but its a
> type of mold that can cause pulmonary ephysemia and skin
> infections as well as acute athsma.
>
> I fear for my kids safety, I called the landlord immediately
> and she told me never to call her again and hung up on me!
> i have a full report with lab results.. I want to move out
> as soon as possible by the end of the month, my lawyer told
> me that we should write a certified letter claiming
> constructive eviction.
>
> Or just saying that she is in breach of lease (it states all
> repairs to be made within 30 days) and has made me cut down
> the use of my home down to the master bedroom, kitchen and
> living room. And therefore if she does not fix all these
> issues in 3 days, that we will be vacating the premises.
>
> Do I have to even give her 3 days? I stupidly signed a 2.5
> year lease, starting 11/07 to 5/2010.
>
> Help!