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Constructive eviction?

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malissak

Junior Member
What is the name of your state (only U.S. law)? Idaho. I was renting a home, had only been there 3 months when the wood stove broke. Landlord sent contractor to look @ it, but she didnt respond for days. It was the only heat source. I had to borrow electric heaters for heat. I sent letter to her stating the 3 day to fix law, which she didnt abide by..in fact, she served me 30 day, then 3 day notice to move cuz she didnt wanna fix! Anyway, I chose to move out, as the house was freezing & electric was outragous. I was there 15 days total from the time heat broke...first week was waiting on her to fix, second week was finding another rental. Rent was paid for all but 7 days of that time. I filed a small claims suit against her for rent refund of the other days that I had no proper heat, the electric bill for the 15 days, fuel in trucks for moving, moving expenses for internet, etc...and my security deposit. We have not gone to court yet, but yesterday she sends me a notice that shes keeping sec deposit...for 7 days of rent, 7 days of water/sewer, late fees for those days, & that she hired someone to clean for 5 hrs (the house was cleaner when I moved out then when I moved in, which I have pics to prove). Im already taking her to court, but my question is now do I also cite constructive eviction? My understanding of the law is that I shouldnt owe rent when I was constructively evicted, and I shouldnt have had to pay rent (which I had) from the date the stove broke?
 


Who's Liable?

Senior Member
What is the name of your state (only U.S. law)? Idaho. I was renting a home, had only been there 3 months when the wood stove broke. Landlord sent contractor to look @ it, but she didnt respond for days. It was the only heat source. I had to borrow electric heaters for heat. I sent letter to her stating the 3 day to fix law, which she didnt abide by..in fact, she served me 30 day, then 3 day notice to move cuz she didnt wanna fix!
Do you have all of this in writing?

Anyway, I chose to move out, as the house was freezing & electric was outragous. I was there 15 days total from the time heat broke...first week was waiting on her to fix, second week was finding another rental. Rent was paid for all but 7 days of that time. I filed a small claims suit against her for rent refund of the other days that I had no proper heat, the electric bill for the 15 days, fuel in trucks for moving, moving expenses for internet, etc...and my security deposit. We have not gone to court yet, but yesterday she sends me a notice that shes keeping sec deposit...for 7 days of rent, 7 days of water/sewer, late fees for those days, & that she hired someone to clean for 5 hrs (the house was cleaner when I moved out then when I moved in, which I have pics to prove). Im already taking her to court, but my question is now do I also cite constructive eviction? My understanding of the law is that I shouldnt owe rent when I was constructively evicted, and I shouldnt have had to pay rent (which I had) from the date the stove broke?
Present your evidence to the judge in court. They will determine the outcome.
 

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