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Jack R.
Jack R., Attorney
Category: Legal
Satisfied Customers: 6147
Experience:  OH/TX Practicing Attorney focusing on Family Law, Foreclosure, Landlord-Tenant Issues.
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I feel I am constructively evicted because property management

Resolved Question:

I feel I am 'constructively evicted' because property management have continuously failed to provide a safe and healthy environment, as contracted for, failed to provide functioning A/C, non-leaking A/C, did leave you in an apartment with excessive heat, didn't fix in a timely manner, despite repeated notices and promises, etc. Many residents have the same complains. Corporate management stands very strongly behind wall of promises and lies (that repairs had been made in a timely fashion), and when clear evidences (pictures, phone logs, detailed explanation by witnesses, etc.) proves to opposite - corporate attitude towards the truth stands unshakable. It looks UPM managed properties are kept in such a way that maintenance is deprived for years, which down the road results in complain traffic from the tenants. Unfortunately, UPM learned how to deal with them in a bad way – either keeps false promises about what will be repaired, or accusing a complainer about causing the false alarms by stating that they will not condone such a ridiculous behavior from side of tenants. Today I gave 60-days lease termination notice because I cannot live in such unhealthy and unsafe conditions. I am terminating the contract due to management’s material breach, however, they will pursue $1706 fee for lease termination. What should I do next?
Submitted: 6 years ago.
Category: Legal
Expert:  Jack R. replied 6 years ago.

You should contact the local housing and building inspector to evaluate the condition of the apartment. You should also send a written letter to the landlord identifying the problem


You should also record the indoor temperatures so you have some evidence of the living conditions in the apartment. Keep a log. If the landlord sue for the $700 you will at least have some measure of a defense, e.g. the apartment was uninhabitable.


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