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    ctr1983's Avatar
    ctr1983 Posts: 2, Reputation: 1
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    #1

    Jan 24, 2008, 07:01 PM
    california: 30 day notice: constructive eviction
    I'm moving out of my apartment because I came home from work one day to find a 4 foot x 2 foot hole in the ceiling and my furniture moved around.

    This hole was only covered in paper and now it leaks regularly.

    My landlord didn't tell me that he was going into my unit, and I know that he has entered my unit on at least one other occasion without telling me about it and let others into my unit.

    He is planning to keep my security deposit because I didn't give 30 days notice.

    I've read that this could be viewed as constructive eviction because he did several things that prompted me to move out of my space (unlawful entrance, uninhabitable conditions, and also irregular supply of clean water, which has been going on since I moved into the building 3 months ago)

    Any ideas for me?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,303, Reputation: 7692
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    #2

    Jan 24, 2008, 07:30 PM
    Sue him for not only your depoisit but also for your moving expeneses.

    I will assume you got photos of the 4X2 hole ( that should be enough evidence there) The entering the apartment will depend on why,
    ctr1983's Avatar
    ctr1983 Posts: 2, Reputation: 1
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    #3

    Jan 25, 2008, 01:50 PM
    Thanks! I definitely have taken pictures, and will continue to document as they tear out MORE of my ceiling today. I think my landlord enjoys it.

    Anybody know anything else about constructive eviction, or know anyone that has used that legal argument?

    -Ray

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