constructive eviction

[HomeGuru]

Provide details such as term of lease, safety issues, notification to L etc.

 

[StressedInGA]

can someone please explain constructive eviction to me????

 

[StressedInGA]

Our lease is a year and we just renewed it in late August. Some of our windows don't open at all and 2 of them now that we have gotten them opened, won't close. Our 11 year old daughter can't open her bedroom window in case of a fire. The house is a split plan, our room is on one side and hers on the other with a kitchen in the middle. The other safety issue we have is our front porch. The wood has never been protected from the weather and everytime it rains, it gets really slick. I have slipped several times on it and so has our daughter. There's only one entrance at the front of the house and you have to use the porch. We have cleaned the porch and it still doesn't help at all. I did speak to someone yesterday, and I was told that constructive eviction didn't work in residential rentals only in commercial rentals. Is this true?? We have sent the propety manager 2 letters listing all the problems with the house and asking that something be done. In the first letter, we gave them 2 weeks to respond. We heard nothing. Sent them a 2nd letter and gave 48hrs to respond and still have heard nothing. We are clueless as to what to do now. If you can be of any assistance, we would really appreciate it. Thank you again.

 

[HomeGuru]

You have valid safety issues. Do a State Statutes search by going on the State Resources link and look for Landlord Tenant law.

 

[HomeGuru]

Do a search on this BB using those as search words.

 

[StressedInGA]

how long does it take

Thanks HomeGuru for the tip about searching the BB for info on constructive eviction. Now that we have sent 2 letters to the property managers, what is our next step?? We are trying to get out of this lease due to safety issues with the rental house.

 

[StressedInGA]

I have gone to the State Statutes site and written down a few that seem to pertain to us. What do we do now?? Does constructive eviction apply in our case??

 

[HomeGuru]

Based on the Statutes, which ones can you use that are applicable?

 

[StressedInGA]

I have found a few that mention the LL is responsible for any repairs that need to be done. I can't seem to find anything on constructive eviction or anything that mentions safety issues. I'm going to keep looking. If I do find something or even if I don't, what can we possibly do??

 

[HomeGuru]

Post the applicable statute here and I will tell you what to do.

 

[StressedInGA]

here is one of the GA State Statutes I found.
44-7-14.

Having fully parted with possession and the right of possession, the
landlord is not responsible to third persons for damages resulting
from the negligence or illegal use of the premises by the tenant;
provided, however, the landlord is responsible for damages arising
from defective construction or for damages arising from the failure
to keep the premises in repair.

That is the one that I found that fits. What can we do now?? By the way, THANK YOU!!!!!!