What constitutes grounds for constructive eviction?
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What constitutes grounds for constructive eviction?
My apartment is suffering an infestation of bedbugs. I notified the apartment management as soon as I became aware of the issue and they sent out an exterminator. After the mitigation treatment, there are still live bedbugs in my unit and I continue to find new bite marks after just a few hours spent in the apartment. I have been unable to sleep in my apartment due to the fact that I am constantly worried about the presence of the bugs and have not stayed a full night in my home in over a week and a half. I have notified the complex again, and have stated that I intend to quit the lease within 5 days if the situation is not adequately resolved, pursuant to state law. Does this constitute grounds for a constructive eviction?
Asked on September 2, 2012 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Constructive eviction under the laws of all states in this country is when the landlord does certain conduct or refuses to do certain conduct essentially forcing the tenant to leave the rental on his or her own volition. Examples would be where the landlord shuts off the water for a rental on purpose or refuses to repair a gas stove that is leaking fumes.
Your situation does not yet amount to a situation for a claim of constructive eviction. However, you might wish to call your local health department for an inspection of the rental. If the health department cites the landlord, he or she will be required to remedy the situation soon or be subject to an administrative hearing.
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