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    Post: Constructive Eviction?

    Posted by SMG on 7/23/06


    I rented a garage apt (2/1) with a large balcony. It has 3
    flrs. The basement has 2 washers and 1 dryer. The ground
    flr has the foyer and lg storage area and the 2nd flr has
    the apt w/ balcony. The utilities are included. It has a
    stove and fridge.

    We moved in Feb 06 and pay the rent 2 months in advance.
    We landscaped the front to have a beautiful view from the
    balcony. After moving in we were told that the balcony was
    going to be removed due to structural problems. Now, it
    looks like a construction zone with concrete debris stuck
    on the exterior and no end in site. He doesn't know if
    he's going to replace it.

    The landlord keeps reminding me that he pays the utilities
    and that the washers and dryer were only in storage. Yet,
    he has the garage below me as storage. Does that mean the
    stove and fridge are being stored in my kitchen, too?!?
    We were shown these areas by the realtor and told that
    everything in the unit was included.

    3 months after moving in, the basement flooded. He
    insisted we were misusing the plumbing. But, we realized 2
    things: 1) there is no catch valve for the plumbing to
    exit at street level and not return to the basement drain
    and, 2) the wall adjacent to the exterior stairs to the
    basement have a major crack that has clogged the exterior
    drain with run off mud seaping down to the drain.

    I fear that his repairs are exceeding his rental income
    and that he may seek relief somehow to my detriment. What
    can he do? And, what remedies do I have?

    Thank you so much.



    Posts on this thread, including this one
  • Constructive Eviction?, 7/23/06, by SMG.
  • Re: Constructive Eviction?, 7/23/06, by SMG.


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