OK, we are going to court with our previous landlord on Tuesday. We live in Michigan and rented a single family home from him. We were the first renters in this home and moved into the home in December of 2004. First rainfall of June, we got SEVERAL laeks through the basement. Much to my amazement, once the landlord finally called me back on this, he informed me those are leaks he had had for 15-20 years and he just mopped them up. This property is zoned commercial so he said he is refusing to put any money into it because he is just holding onto it until he could get it sold. He stated a few years back it got bad enough for someone to come out and give him an estimate on the repairs but it was $3000 and way too much so he just dealt with it. We also found 2 area of mold, two large 12' caracks in the walls, ect ect ect. Our personal belongings (speaker and entertainment cabinet were ruined) we got the health department involved. The thing is, the landlord suggested if we did not like the living conditions we should move. We did and now he is with holding security deposit for us breaking the lease.
We have witnesses, pictures, messages left on our answering machine, phone bills, letters that he signed he received, ect. We even have pictures of snakes crawling out of one of the cracks in the foundation.
Question is: We are going to use this a constructive eviction. Will that hold up in court do you think with all of these circumstances.
Since he with held our security deposit, we are asking for the return of it and also for loss of use for the month until we left and could not use the basement. :? :P

