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View Full Version : Constructive Eviction and moving costs


LeahK40
Jun 29, 2012, 01:02 PM
We were forced out of our apartment of less than one year because of being harassed by our neighbors. Unreasonable amounts of noise, made intentionally because the upstairs neighbors wanted our downstairs apartment. The landlord even acknowleged they wanted it. She knew they were doing this and she did nothing. She even went so far as to say she was on their side because we repeatedly told her about it and didn't care. She never provided a signed copy of our rental agreement after three requests. There was mold that she knew about and didn't tell us. Two of my family members developed bronchitis twice in two months. We gave 60 days notice of our vacating the apartment after she threatened to evict us because I asked for a copy of a signed rental agreement. My 11 year old daughter was present when that happened and she was so worried about being evicted she immediately went into her room and started packing... taking things out of drawers, closets, collecting her things. We gave notice the next day. We ended up moving out in 45 days instead of 60. We were only required to give 30 days. We are currently homeless because we were not able to get a place. Can she be held for moving costs like storage and meals and gas since we have no place to live? My daughter and I are sleeping on someone's couch. On top of that she kept all of the security deposit and said we actually owe her four dollars. Of course, our photographs show otherwise. She did not take any photos on the walk through. Help, please!

ScottGem
Jun 29, 2012, 01:16 PM
First, you broke the lease early. Was there an early termination clause? You may owe rental until the until was relet. Which could have used up your deposit.Did the landlord give you an itemized bill on how the deposit was used within the legal time frame? Any question on law needs to include your general locale as laws vary by area.

Bottom line is you will have to sue the landlord and you will need to make sure you have definitive proof of your complaints.

AK lawyer
Jun 29, 2012, 01:59 PM
... There was mold that she knew about and didn't tell us. Two of my family members developed bronchitis twice in two months. We gave 60 days notice of our vacating the apartment ...

Had you demanded that she do something about the mold? Had you done so, it is possible that she would have done something about it.

Instead, you apparently broke the lease.