Q: If tenant is crime victim from neighbors guest, does the criminal have to be arrested 4 constructive eviction?
I suffered the following crimes from a neighbors' guest, who has been living in the building: stalking, car burglarized, wire transfer fraud on my Citibank check, mailbox tampered, bank statements missing. Lease violation to have a guest more than 2 weeks. Guest was just released from prison in March, moving 3 doors down, on Felony Parole for 10 grand theft autos, 18 burglaries, numerous drug convictions, violence+. I I want to vacate the apartment & landlord wants judgment for remainder of lease - $5K. To date my damages are more than $6000, not covered by insurance. Am I entitled to constructive eviction and would I qualify for an Injunction Against Stalking & Cybercrime? He has not been charged & I have no proof (moving circumstantial evidence) he did the crimes. Any options for me? Thank you so much!
A: You might be able to obtain an injunction against the criminal. His crimes have nothing to do with your landlord; constructive eviction is a cause of action between a tenant and the Landlord. You have no remedy to terminate your lease; you can leave at any time, but you will suffer negative consequences for doing so.
Terrence H Thorgaard agrees with this answer
A: In short, you probably can't successfully defend a lawsuit against you from your landlord. You would have to prove that the landlord knowingly allowed these crimes to occur and was in a position to stop it.
How, by the way, do you figure that the neighboring suspect is responsible for your "Lease violation to have a guest more than 2 weeks."?
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