Hello and thank you for allowing me the opportunity to assist you.
If the apartment
has become uninhabitable because of the ceiling falling in the living and making you sick, then you can move out and claim that you've been "constructively evicted." A constructive eviction
is not a formal eviction
and doesn't go on your record as an eviction. It occurs when the landlord does something (other than a formal eviction) that forces you out of the apartment. Refusing to make repairs that render the apartment uninhabitable is an example of constructive eviction since you have no choice but to move. You cannot continue living in an apartment with a leaking ceiling falling in your living room which makes you sick. That is unacceptable and the apartment is uninhabitable.
Ordinarily, if the landlord refuses to remedy the situation after giving him reasonable written
notice of the situation, you would simply find a new apartment elsewhere, then pack up and move. If the landlord were to sue you for breaking the lease and failing to pay rent, you would defend yourself in court by arguing that you were constructively evicted. That is why it is important take plenty of pictures, and to have copies of any written notices. In your case, the hospital report would also be helpful because it shows that you had medical issues as a result of the conditions. Since you're Section 8, you will want to warn Section 8 about what you intend to do since they are paying part of your rent, and you want them to continue paying part of your rent at the new apartment. So, before moving you should take your written notices, photos and hospital report to Section 8, explain that you have been constructively evicted because of the leaky ceiling, that you intend to move, and that you do not want Section 8 to pay the landlord any more rent. Section 8 may require you to fill out forms, etc.
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