Can I terminate my lease and be released from having to pay any further rent?
Question Details:
First week in unit large night crawlers on living room carpet; couldn't bare in feet. Walked dog met up with wildcat. Ran hard of fear; dog was dragged on concrete; I hyperventilated. Snakes on patio/fences all summer. Filters changed 2 times a month due to heavy brown dust. Last straw, moccasin snake in leaving room while daughter reached for shoes; almost struck her. Daughter symptom free of ulcer for 7 years. Due to fear she has been having complications. Moved. Have pics and documentation with animal control. This is a city location.
Real Estate Law Answers
Yes, I'd say there's a very good chance that a court would find that you have been "constructively evicted" here. "Constructively" is a word used in the law to indicate that there's a legal fiction at work. In this case, even though in one sense you would make a choice to move out, the law treats it as if you had no other choice, because of the problem caused or allowed by the landlord.
Whether it's written into the lease or not, the law includes a promise from the landlord that the place you rent will be habitable. Worms and poisonous snakes in the living room break that promise.
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