Re: Constructive Eviction?

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Seems that you are in order to vacate due to landlord's
negligence to remedy repairs. Call your local health or
housing inspector and report the problem. Make it a matter
of public record. Use up your deposit money and then
vacate. Ask your attorney before doing this. Check Health
and Safety Code Laws in your state should inform you what
your remedies are. Land Lord and Tenant Laws of your state.

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!