Constructive Eviction

**candeloni** · 12-16-2005, 04:17 PM

Ok so i moved in in October of 05' i moved into a house that needed some( minor) work but it's ok because i finally have a home to put my kids in: and i enjoy improving a place when i am able to .

the problem is that since i have moved in i have not recieved a copy of my lease he will not return a check that he was holding ( he keeps forgetting these things) there is a huge pile of garbage on one side of my home that has been there since i moved in he has a car sitting outside of my home that doesn't run there were two toilets in the house that didn't work correctly i had by shower back up for 4 days and both my landlord and the guy that " i am going through" knew but did nothing about. so i had to fix it. i had the washer blow ( it was one of many things left in the house for me to deal with) and i had to haul it out and get new ones and was told that the washer and dryer in the house were not part of the rental so it was my problem ........ but then the landlord turned around and tried to say that although he does not want to pay for everything that i replace little does he know if i put it in and wont reimburse it will come right back out. ..... so anyway i have a dining room light that just turns on and off when ever it wants to i think it might be a fire hazard of some kind and all of the outlets in the house are either really loose and spark when something is plugged in or have burn marks on them. agian the landlord knows all of this but has not done anything yet i am paying 1400.00 mo to live here and he keeps tellling me he is not made of money he reciently moved but has not given me his new address to mail a check to and i don't want him coming over every 2 wks to p/u rent especially since he doesnt even do anything that needs to be done around the house what should i do?? i need some help my main concerns are the pile of garbage at my house i think that rats are starting to nest and the flue in the fireplace is broken so the heat is being sucked out everytime it is on. and i would like him to finish the paint job on my home ( currently it is only 1/2 painted they ran out of paint and money the week i moved in) there is more so i need some seriouse help on what to do.

**Mr. Knowitall** · 12-17-2005, 04:52 PM

You may be able to make a case for constructive eviction, or for a rent abatement. Are you intending to stay or go?

**candeloni** · 12-19-2005, 11:14 AM

yes i would like very much to stay in the home but not if the landlord cannot come through with at least the things that he should do. do you or anyone know if i should have a copy of my lease?? he doesnt seem to remember that i need it everytime he comes to p/u rent/?

**Mr. Knowitall** · 12-19-2005, 02:04 PM

If you choose to stay there, your options are limited. Get a housing inspection, and try to get the local government to order the repairs.

**candeloni** · 12-19-2005, 02:17 PM

thank you for your help i am wanting to stay only because i have put a lot of money into renting the house already and i am afraid that i will not be able to get any of it back , i cannot afford to put another down payment on a home along with moving myself agian. i have been reading up a lot on what my rights are and what he is supposed to be doing.
so far i have had to babysit him on what he should be doing as a landlord and i don't want to have to do that...

do you know if i should get a copy of my lease???
and since he isn't fixing the fireplace flue is there anyway to get him to pay for some of the gas bill since it is so high??