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I gave verbal notice on the 1st of June. I then gave my written…

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I gave verbal notice on...
I gave verbal notice on the 1st of June. I then gave my written notice on the 16th of June. There was a major problem with the water pipes in the apartment above me. I came home to find my kitchen and dining room floaded. The flooring and carpeting was bubbled. I have been telling them about my leaky sink for 2 months. They came and looked at it but did not fix the problem. Now the manager said I have to stay for another full month and that she will not replace the carpeting. When I moved in it was not new, all they did was clean it. My least is over and I want to leave this problem place and it looks like they are trying to keep me here threating my credit and keeping my deposit.
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 7 minutes by:
6/21/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,169
Experience: Attorney and Real Estate broker -- Retired
Verified

If you can contact the plumber who is repairing the pipes, then you can use him/her as a witness to show that you were "constructively" evicted from the property, because it is rendered uninhabitable by the flooding.

 

Also, if there is a building inspector involved, that person could be used as a witness. And, if no repairs have been made, then you can contact the local building and safety department, code enforcement officer, and request an investigation.

 

Any of these witnesses could be used to sue the landlord for the constructive eviction and to recover your security deposit.

 

Hope this helps.

 

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Customer reply replied 8 years ago
My lease is over. The manager over looked this. I told her my lease is up and I would be moving. Now she says that July will be my last month so I can find a place to live. I do not want to be here for one more day than I have to. Far too many things are broken. The owner lost the complex to the bank. I think she just wants my money for the month. Can I leave at the end of the month without endangering my credit?
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago

Your credit is only damaged if the management reports you as delinquent to a credit reporting agency. If that happens, then your only recourse is to sue the management for a judgment finding you constructively evicted. That judgment would then be used to dispute the management's report to the credit reporting agencies.

 

So, the short answer is yes, your credit report is at risk, unless you pay the management according to what it believes is your obligation. The only way to leave early is to claim constructive eviction. Unfortunately, the only way to prove constructive eviction is in a courtroom.

 

Hope this helps.

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