Constructive Eviction Law
A constructive eviction is an action that a tenant takes if the residence is uninhabitable due to health or safety issues. The tenant has a number of responsibilities to perform before the situation gets to the point where a constructive eviction is necessary. Once the tenant has performed these, he is able to sue for damages and terminate the lease.
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Implied Warranty of Habitability
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An implied warranty of habitability is a clause that is included on every state's Landlord and Tenant Act, a piece of legislature that regulates residential rental agreements. A warranty of habitability implies that the rental unit is fit to live in, and adheres to all local housing, building, and health codes and ordinances. If this is not the case, then the landlord fails in a major responsibility in the Landlord and Tenant Act.
Written Notice
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The first step to establishing a constructive eviction case is to give the landlord an opportunity to fix the problem. The tenant delivers a written notice to the landlord, requesting needed repairs, landlord controlled utilities to be turned on, or fixes to house systems such as plumbing. The state controls the length of the notice period, which can be anywhere from seven days to 30 days for the landlord to make the repairs. If the landlord disregards the repair notices, the tenant continues to make the case for constructive eviction.
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Establishing Constructive Eviction
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The Albany Business Review reports that a constructive eviction can be difficult to establish. A report to the local housing authority once the landlord fails to make repairs provides additional evidence for a court case. Describing the way the repairs make it impossible to enjoy the home is another way for the tenant to establish constructive eviction. The tenant must write another notice to the landlord, citing constructive eviction as the reason for terminating the tenancy, if this was not done on the first notice.
Responsibilities Released Under Constructive Eviction
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The tenant no longer has the responsibilities of maintaining the rental unit or paying rent under a constructive eviction. Any other responsibilities that the lease details are discharged as long as the tenant leaves in a reasonable time frame.
Eviction Lawsuit
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A constructive eviction can go two ways. The tenant sues for damages, or the landlord initiates a legal eviction for property abandonment, unpaid rent, or lease violations. The tenant must have enough evidence to prove that the rental unit problems were extensive enough to limit the ability of the tenant's enjoyment of the property. A lawyer usually represents a tenant in this case, as self representation in such a tricky area of the law could prove problematic.
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