Can I sue my landlord for retaliation and constructive eviction?

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Can I sue my landlord for retaliation and constructive eviction?

I signed a year lease. My landlord would not fix a ceiling leak that caused black mold and a terrible odor. I notified them of the leak 5 months ago. I rarely stayed at my apartment as the smell was intolerable. I asked for them to fix this for 4 months to no avail. The landlord opened up the ceiling where the leak was, 3 months after my first complaint and then just caulked up the hole he made and the leak continued. I told them I was moving out because the apartment was unlivable. I paid all of my rent on time and in full. My landlord told me I would get my security deposit back in full. They took my security deposit to cover the cost of a real estate broker to find a new tenant.

Asked on September 27, 2012 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the circumstances that you have written about you seemingly have a factual and legal basis for an actiob against your former landlord for constructive eviction due to his or her failure to make necessary repairs in a timely manner that affected your right to inhabit the unit. I suggest that you consult with a landlord tenant attorney to see what your legal recourse is with respect to your former landlord.


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