Constructive eviction…?

By Shermy

I was renting at a place almost 2 years ago that I tried to work with in order not to break my lease. The living conditions were unbearable. I had mold growing in my bathroom which they said they took care of but kept painting over it only to be uncovered several times. I became very ill during this time and the doctor attributed this to the continous mold outbreak in my apartment.  According to my research I found out that there is something called constructive eviction, basically landlord must allow me to vacate if there is a major health concern.

There was vomit and trash all over the hallways in the entrance to my apartment that was hardly cleaned up. The straw that broke the camels back was I suddenly had an outbreak of bed bugs, not just once but twice. I had to throw away 2 mattresses and a couch and love seat to get rid of these creatures that I later discovered were coming through the electrical sockets into my apartment from other dwellings. I brought all this to the attention to my landlord and never got any type of assistance. When the 3rd outbreak of bed bugs occured (and mind you I thoroughly cleaned out and fumigated my own apaartment each time at my own expense) I left the apartment with 2 months left on my lease.  They are now suing me (after 2 years) and garnishing my checks to get in excess of $6,000. This is crazy and I am looking for any solution that may help. I have pictures of the mold and receipts for replacing my furniture twice.

If anyone can give advice it would be appreciated.

Edited on: Thursday, October 13th, 2011 12:07 am

One Response to “Constructive eviction…?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)


June 20th, 2008 5:37 am

You mentioned that your wages are being garnished… If that’s the case, most likely you should have known about this issue before. It takes quite an effort to garnish wages, in fact a judge will first determine whether the charges seem garnishable. It seems that you have not responded to any of their previous notices, and now you are stuck. My adivice is to hire an attorney. One of two things has happened. One, you failed to respond to the court, and a judgement was brought against you. Two, management hasn’t properly served you. Either way, you will need an attorney. Because the conditions were bad, doesn’t give automatic termination of the lease, you still need to break the lease legally. You may not have broken the lease as per the legal statutes.


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