Q: Can I break my lease through constructive eviction.
Lived in apartment for 3 years come April. Rent from individual owner, not building. Building is having substantial foundational demo and renovations due to Sandy. We were just notified it will take 4-6 months. We’ve lost access to the bottom floor, including laundry, elevator, trash and secured package drop. Additionally, there is no longer secure parking as the gate has to be open for crew. I’ve also lost the ability to work from home due to noise. Is this a constructive eviction scenario?
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A: You need to retain a landlord-tenant attorney for constructive eviction. This is not easily proven, but it does seem like you have a good chance of establishing that. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
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