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MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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My name is and I am due to go to court next Wednesday

Customer Question

my name is ***** ***** I am due to go to court next Wednesday for a eviction because I asked the exterminator to come back in a hour to do the extermination and I think just because the new property manger didn't like the fact that I asked him to come back and that they are not trying to fix the leaks that has been going on in the apartment for over a year she is upset. we have been working with the apartment trying to get all this work done, but then in September she became the new manager and has just been giving us the blues and now I need to know how can I go about counter suing them and proving that that is a wrongful eviction
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Customer: replied 1 year ago.
Expert:  MIAMILAW1127 replied 1 year ago.

The strongest claim that you would have against the property manager is for what is called a constructive eviction.

Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment), rendering the property uninhabitable.

Here you can argue that the issue with the pipes has rendered the apartment uninhabitable.

Also, did the property manager follow all the appropriate eviction procedures such as posting a notice within the specified timeframe, allowing you an opportunity to cure, serving you with the eviction notice, etc.? If not, you can argue that the eviction is improper.

Customer: replied 1 year ago.
they gave me the proper eviction papers they gave me a ten day notice then a paper from the court, but I have already moved out I just want them to have to pay me back for all I had to do to move alone with damages
Customer: replied 1 year ago.
no she did not want us to let him come to do the extermination she just wanted us gone
Expert:  MIAMILAW1127 replied 1 year ago.

Perfect. Then all you have to do is make those allegations when you go to court and ask the court that they reimburse you.

I would make the argument that you moved out due to a constructive eviction.

Please don't forget to rate my answer.

Customer: replied 1 year ago.
well if I do that then will I have to countersue or just go to court and request that they reimburse me in court
Expert:  MIAMILAW1127 replied 1 year ago.

Did you file an answer to the eviction summons already?

Customer: replied 1 year ago.
no I did not I don't know what to do
Expert:  MIAMILAW1127 replied 1 year ago.

Ok. You should file a counterclaim against the landlord for constructive eviction. You would need to file this before Wednesday.

You can also make the arguments in court on Wednesday, but your best bet would be to file the response to the eviction before then.

Customer: replied 1 year ago.
how would I go about knowing the amount to file for
Expert:  MIAMILAW1127 replied 1 year ago.

The damages would be any costs associated with having to move out as well as any deposits left with the landlord.

Customer: replied 1 year ago.
would it be the cost that I had to use to move alone with the rent difference for the remainder of the lease or what
Expert:  MIAMILAW1127 replied 1 year ago.

No. Just the cost of the move. Not the rent difference.

Customer: replied 1 year ago.
what about for the problems it cost for the rest of our bills to the point where I had to take a loan out of my 401 k plan to make the move do I calculate that
Expert:  MIAMILAW1127 replied 1 year ago.

Every expense that you incurred due to the issues with the apartment should be included.