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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2557
Experience:  Helping you with your legal questions.
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I am sending this question for the woman who cleans our

Customer Question

I am sending this question for the woman who cleans our home. She moved into an apartment on September 1st. When she moved in, the porch light to the hallway to her apartment was out and there were no screens on the bedroom windows. She asked to have both taken care of, but nothing was done. On Sept 10th she returned home with her daughter and it was clear the apartment had been broken into (door open). Inside the bedroom door was closed, which they never did, so she and her daughter left the apartment immediately and called 911. When police arrived (they were already onsite investigating another break-in) the door to the apartment was locked from the inside (meaning intruders had been in there when she and her daughter returned). The intruders left through bedroom windows, taking electronics, prescription medications, and a set of keys to the apartment and Grace's car. A policeman told Grace that the previous week a woman had been murdered in her car one building over and suggested it was not a safe place to live. Grace's son helped her compose a long and constructively-worded email to the apartment management explaining why she did not feel comfortable staying there and asking to be released from her one-year lease (she also asked them in person for a copy of the lease but they have not provided it). She has not received an answer from them. She has removed all of her possessions from the apartment and turned in her key. The on-site manager acknowledge receiving Grace's email and said she had forwarded it to her manager for a decision, but Grace has not heard anything. She did not pay rent on October 1st. Are there other things that she should be doing now to protect herself? We are looking for specific advice (for example, should she just "lay low" or should she be doing something more to protect herself). She has a list of local resources that provide tenant/landlord counseling, so that is not something we are looking for more information about.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question. I may need to clarify facts first. I will answer & we can discuss issues.

Expert:  Damien Bosco replied 9 months ago.

Usually a landlord would let this go because they would not want this to escalate. Certainly a person has a right to feel and BE safe in their apartment. And the fact that she moved out is proof of the unsafe conditions. What this is called is a "constructive eviction," meaning the landlord effectively evicted her due to the unsafe conditions called in violation of the warranty of habitability. We can discuss further if you would like to do so.

Expert:  Damien Bosco replied 9 months ago.

Hello: I have not heard back from you. I am following up to see if you still need further help. If so, please let me know. If not, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus too! Best regards.