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RGMacEsq
RGMacEsq, Attorney
Category: Business Law
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Experience:  Licensed Texas General Practice Attorney
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Hello, What do my business need to prove constructive eviction

Resolved Question:

Hello,

What do my business need to prove "constructive eviction" - that is that the building is not habitable and I am forced to move. The lease agreement is active for the 2 additional years. The Landlord does not cooperate. My business is a jewelry store, located in Maryland. I need to terminate the Lease Agreement. We have a roof licking, electricity problem and now a bugs problem. I sent a repair requests to Landlord, nothing has been done. We hired an independent contractor to review the building condition and he said, if we call to the Fire Department for the inspection, they will shut down the building….

Please advise... Sorry for my broken English.



Regards, XXXXX
Submitted: 7 years ago.
Category: Business Law
Expert:  RGMacEsq replied 7 years ago.

In Maryland justification for constructive eviction exists when the landlord is renting the property illegally. Call the fire department for an inspection and see if they condemn the property. That will certainly allow you to leave.

 

Now constructive eviction is a defense, not an offensive move. What this means is that should the landlord come after you for rent or breach of contract, then you can claim constructive eviction.

 

But call the fire department first thing tomorrow and get a fire code inspector out as soon as possible to get this official.

 

I hope you get the relief that you need. Good luck.

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