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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I was hoping you could help me figure out my options for my

Customer Question

Hello,
I was hoping you could help me figure out my options for my current living situation. I currently reside in an apartment that I moved into in February 2015. A couple of months after I had moved in, construction began right next door to me, tearing down an old building and erecting new condos. Very soon after construction began, I started noticing cracks throughout my apartment. Since then (over one year later) the cracks have grown exponentially - cracks along the lengths of walls, along the ceiling, damage to window panes - and I now have water damage on one wall from construction activities.
From the first appearance of the cracks, I notified the construction foreman and my management company. I have provided photos and emails on a consistent basis over the past year. I have had engineers come in to inspect the cracks (assuring the cracks were not life threatening). I have requested updates regarding plans to fix the problems over the past year and have never received an answer.
I have been tempted to withhold rent in the past, but was not sure if this was a good idea. I have lived in a damaged apartment for almost the entire length of my stay there with no resolve proposed. Could you please let me know if there's anything I can do, or if I'm owed back rent? Anything like that?
Thank you for your help,
Erin Tulley
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are the cracks affecting you living in the dwelling, such as letting in insects, to such a point where the property has become uninhabitable?

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What damages have you suffered due to the cracks developing?

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Has the water damage allowed mold to grow?

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When does your lease expire?

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thanks

Barrister

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