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  1. #1
    Join Date
    Mar 2005
    Location
    KY
    Posts
    2

    Default Help with Constructive Eviction

    My wife, daughter, and I leased an Apartment in December2004. We were not told that a drug dealer lived next to us. I dont know if the guy has a record but I have watched deals go down outside my window. Whats worse is about 3 weeks after we moved in a smell started showing up in our apartment. I knew it was Marijuana right away. I easily traced it to my kitchen closet and in the kitchen sink cabinet. IT WAS COMING THROUGH THE HOLES IN THE WALLS!! The plumbing and the washer hookup cutouts were letting it straight through from next door. The smell was so bad it ran us out. About a week later we told the landlord. He said he was planning to serve an eviction notice. We told him about the smoke. Not knowing the law we thought, hooray, justice served. We didnt know it would take a month or 2 to get the guy out LEGALLY. I called the police on the guy 3 times because of noises. I have called the police on the guy above me for playing video games loud on his surround sound system and bumping and kicking on the floors with his feet from the hours of 12am to 7am every night. I know of nothing the landlord did about any of this. He basically left a paper with us stating that he would be going on vacation in Florida from March1 to April1. a whole month. The extremely bad seconhand smell has gotten progressively worse. We have gone to the local PD and spoke with the cheif about it. He claims they know and are watching the guy trying to nail him. That does me no good in my circumstances. This is an emergency health related incident. As well as a nightly disturbance from upstairs. The lady in the next building told us that she complained to the landlord about the drug dealer a year ago and he never did anything. We feel like we were misled when we moved in and this has been a total nightmare. The guy next door has 10 cars day and night making quickstops and being loud. We even had a nest of birds get into our bathroom ceiling exhaust vent and die. They got through from the roof somewhere. The smell lasted for 2 weeks. I told the landlord about it 2 days after the smell appeared and he just snubbed me and left for Florida. I feel as if I could exercise a 'Constructive Eviction' and get all the police reports(how do i get them?) and use the lady tenant as a witness. We all three stay sick because of the smell I'm sure. One day when we took our daughter to the doctor he said that, yes, the smoke could cause her symptoms considering she stays sick all the time. He wrote it on the report and said she could use it if need be to show she told him about what was going on. It seems like there are good sources of evidence to back up my case. What do you think and tell me all you can please.

    Joe

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Constructive Eviction for Actions of Other Tenants

    In a typical constructive eviction case, the acts which make an apartment effectively uninhabitable are the fault of the landlord (e.g., the landlord causes, or fails to repair a problem which causes, a loss of heat in the winter, loss of water, etc.) It is usually possible to make a claim for constructive eviction based upon the actions of other tenants, but you have to demonstrate that the landlord was aware of the problem conduct, and you also have to demonstrate that the result was in fact a constructive eviction. There's no clear line when annoying neighbors become a basis to claim "constructive eviction".

    You may wish to check with a local tenants' organization or tenants' union (such as Tenant Services and Housing Counseling, Inc.), to verify your rights under these circumstances. Your better claim might be for a rent abatement, for example.

  3. #3
    Join Date
    Mar 2005
    Location
    KY
    Posts
    2

    Default Landlord Tenant

    Thanks for your reply. That link was very helpful.

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