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Landlord Let Crackheads Move In

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UKmom

Junior Member
What is the name of your state (only U.S. law)? KY

We rented a duplex for nearly 3 years. Our landlord is a lawyer and slumlord, but we lived with it since the rent was cheap and the neighborhood was nice. We had a one year lease which went to a month to month lease after the year.

The other side of the duplex was initially occupied by a ncie single woman and then sat empty for over a year. Eventually he traded services with a rental management company who rented the other side of the duplex out.

Once the new tenant moved in, things went downhill quickly. On the first day they moved in, a desk was stolen from our side of the shared garage. They chain smoked and it made our side of the home smell strongly of smoke. I have asthma and 2 young children, so this was a problem. We tried calling our landlord several times but were unable to reach him. 3 weeks later, the new neighbor told us that someone walked into his home and stole $900 cash. He refused to call the police, citing that he did leave the door open. We did call the police who monitored the neighborhood for a few days and again called the landlord who did not return our phone call. This same neighbor also told us he had warrants out for his arrest and moved to escape harassment.

At this point we did not feel safe and started looking for a new home. We found a place and were going to try and give notice. Then we started to smell something suspicious next door which through research and describing to the police is suspected to be crack. They also were in and out of the
house alot and acted suspiciously.

We cleaned the house and left it in good condition, the rent was paid for our final month. We tried again to reach our landlord to let him know what was going on and finally left a message stating that we were moving out at the end of the month.

The landlord now wants another month's rent since he did not have 30 days written notice. I feel that given the situation and problems, that this in unreasonable. He is threatening us with legal action if we do not pay the rent. We felt that our safety was in question and worried about criminal activity and the environmental hazard of exposing my young children to crack cocaine which was strong enough to be smelled on our side of the home.

My biggest regret is not sending written notice of what happened and instead trying to reach the landlord by phone. We do have phone records showing that we tried several times to contact him and did write a note documenting these events to which we got a response to the tune of, oh well you still owe a month's rent.

Should we just make small payments of the rent or allow this to go to court? I am not in a position to pay the whole months rent at once and feel like I should not have to pay it after the stress and danger our family was placed in. Could we sue for negligence on his part? I feel that he is bullying us since he is a lawyer.
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? KY

We rented a duplex for nearly 3 years. Our landlord is a lawyer and slumlord, but we lived with it since the rent was cheap and the neighborhood was nice. We had a one year lease which went to a month to month lease after the year.

The other side of the duplex was initially occupied by a ncie single woman and then sat empty for over a year. Eventually he traded services with a rental management company who rented the other side of the duplex out.

Once the new tenant moved in, things went downhill quickly. On the first day they moved in, a desk was stolen from our side of the shared garage. They chain smoked and it made our side of the home smell strongly of smoke. I have asthma and 2 young children, so this was a problem. We tried calling our landlord several times but were unable to reach him. 3 weeks later, the new neighbor told us that someone walked into his home and stole $900 cash. He refused to call the police, citing that he did leave the door open. We did call the police who monitored the neighborhood for a few days and again called the landlord who did not return our phone call. This same neighbor also told us he had warrants out for his arrest and moved to escape harassment.

At this point we did not feel safe and started looking for a new home. We found a place and were going to try and give notice. Then we started to smell something suspicious next door which through research and describing to the police is suspected to be crack. They also were in and out of the
house alot and acted suspiciously.

We cleaned the house and left it in good condition, the rent was paid for our final month. We tried again to reach our landlord to let him know what was going on and finally left a message stating that we were moving out at the end of the month.

The landlord now wants another month's rent since he did not have 30 days written notice. I feel that given the situation and problems, that this in unreasonable. He is threatening us with legal action if we do not pay the rent. We felt that our safety was in question and worried about criminal activity and the environmental hazard of exposing my young children to crack cocaine which was strong enough to be smelled on our side of the home.

My biggest regret is not sending written notice of what happened and instead trying to reach the landlord by phone. We do have phone records showing that we tried several times to contact him and did write a note documenting these events to which we got a response to the tune of, oh well you still owe a month's rent.

Should we just make small payments of the rent or allow this to go to court? I am not in a position to pay the whole months rent at once and feel like I should not have to pay it after the stress and danger our family was placed in. Could we sue for negligence on his part? I feel that he is bullying us since he is a lawyer.
**A: it apears that you did not follow the landlord tenant law and are liable for the rent due to not giving L proper written notice to terminate the lease.
 

Cvillecpm

Senior Member
No where in your post do you indicate why you did NOT give the required 30 day WRITTEN notice...no paper, no pencil, no stamps?

Dotting your "is" and Crossing your "ts" is a good idea when dealing with AN ATTORNEY!
 

UKmom

Junior Member
We were going to give 30 days notice but once the problems with the neighbors escalated, we feared for our safety. They were likely dealing drugs and we had actually smelled crack, the police couldn't help without more concrete evidence and the landlord would not return our phone calls about the crackheads.

We were given an option to move into the perfect house immediately so we jumped before anything worse happened.

I understand that by law we are obligated to pay the former landlord, I am just more offended about his lack of concern or empathy for the situation and denial of any wrongdoing.

As long as I make monthly payments to pay the owed rent can he still take me to court? I do not have it all at once to pay since I had to go to considerable expense to move and had to pay a new security deposit.
 

Antigone*

Senior Member
We were going to give 30 days notice but once the problems with the neighbors escalated, we feared for our safety. They were likely dealing drugs and we had actually smelled crack, the police couldn't help without more concrete evidence and the landlord would not return our phone calls about the crackheads.

We were given an option to move into the perfect house immediately so we jumped before anything worse happened.

I understand that by law we are obligated to pay the former landlord, I am just more offended about his lack of concern or empathy for the situation and denial of any wrongdoing.

As long as I make monthly payments to pay the owed rent can he still take me to court? I do not have it all at once to pay since I had to go to considerable expense to move and had to pay a new security deposit.
What did the police say when you called them about the crack???
 

MIRAKALES

Senior Member
Generally, a thorough screening of the rental applicants avoids these type of conflicts with undesirable tenants with criminal activity and lease violations. LL may not have performed a thorough background check on these particular tenants (alleged drug abusers). This would make the LL negligent and partially responsible for the criminal activity and lease violations introduced to the neighborhood.
LL is responsible for providing a safe and habitable rental unit for the tenant.

There are many different reasons why a tenant may have to break a lease. These usually include job transfers, change in martial or family status, health issues or they either want to upsize or downsize for one reason or another. There is NO law that says that the tenant cannot break their lease. However, by law and by the lease contract, the tenant may be financially obligated to the landlord for rent and other charges to re-rent.

The documented police report may help support tenant’s disposition for the urgency of the matter and the immediacy for the move. Obtain a copy of the official police report and present it to LL or use it as a defense if court should become necessary.

Typically, once you notify the landlord you intend to move before your lease is due to expire, BOTH you and the landlord must make good faith efforts to find a new tenant. This is called mitigating damages (lessen the amount the tenant owes). The landlord must make an honest (good faith) attempt to re-rent your unit using such things as a sign on the property, ads in local paper, contacting one or more real estate agents etc. The Landlord should document everything they do in their attempt to re-rent the unit.
 

Antigone*

Senior Member
This may be what's known as a constructive eviction. Your LL evicted you by not keeping the place habitable.
The OP didn't call the police ~ The OP sent no written notice to the landlord. How on this green earth is this constructive eviction? Please enlighten me!!!
 

TheNebraskaGal

Junior Member
The landlord now wants another month's rent since he did not have 30 days written notice. I feel that given the situation and problems, that this in unreasonable. He is threatening us with legal action if we do not pay the rent. We felt that our safety was in question and worried about criminal activity and the environmental hazard of exposing my young children to crack cocaine which was strong enough to be smelled on our side of the home.

Do some Google time researching the legal term "Constructive Eviction".

It's a reach, but it may give you a rebuttal to the lawyer-landlord's demand for the extra month's rent.

I just recently won a case Pro Se in my county's District Court of Appeals against a HUD agency that had been violating their own lease by over-charging my rent for a full year & then attempted to evict me without good cause. So I'm pretty fresh on Landlord-Tenant Law.

Hope this is helpful to you. Good luck! :cool:
 

ecmst12

Senior Member
It doesn't take much to end a month-to-month lease. One month written notice is not a lot to ask. You owe the month rent for failure to give proper notice. If the situation were reversed and the LANDLORD was terminating the tenancy, you'd be furious if he tried to give you less then the minimum legally required notice - why wouldn't you give him the same courtesy? LL/T laws exist to protect BOTH parties.
 

MIRAKALES

Senior Member
This is not a case of construction eviction. A constructive eviction would make the premises uninhabitable (unlivable) for the tenant. This requires that tenant does not have full use of possession of the property. LL has to be provided notice and opportunity to cure the defect within a reasonable amount of time. Tenant had full use of a fully functional premise. There were no premise hazards, such as structural, electrical, plumbing, etc. conditions. In addition, the issue of undesirable tenants is not related to the actual premise.
The issue is related to quality of life and safety.
* * *​
What is "constructive eviction?"’
Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted."

To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement. In most cases, the tenant must physically move out of the property and then sue for damages, termination of the lease, etc.

Constructive eviction
 

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