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    bbybnds's Avatar
    bbybnds Posts: 1, Reputation: 1
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    #1

    Jul 20, 2009, 09:16 AM
    Wrongful Tenant Eviction
    I have been at my property for a year and a half. My landlord has never fixed or responded to complaints about the property so we had to report him to the health department causing us to withhold our rent. This has been going on for 8 months and he still has not responded or complied with any of the reports. He has issued a 3-Day Notice which is illegal under the tenant-landlord law if he has not complied with the health issues of the home. He is now issuing us with a 60 day notice to vacate. Is he allowed to do this? What are our options?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 20, 2009, 10:09 AM

    What are the grounds under which you are being evicted? I see one loophole - he can claim he cannot make the repairs while you are living there, that the apartment/house must be empty.

    If you intend to stay I don't know how you can argue that AND the fact that it is so unhealthy and unsafe to live there that you reported the property to the Health Department.

    I cannot check out the landlord/tenant law without knowing which State you are in.

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