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
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."?
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.