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Constructive Eviction- I believe that the problem I am having with the landlord is constructive eviction.

Enterprise, OR |

How do I get help with constructive evictions? Are there specific lawyers that deal this and what do I need to do about this? I have proof of everything she has done to me and the other tenants in writing from the landlord. She has been trying to evict me since I got here and I have been trying to find help since then. She is harassing me and she is very intolerable. It is unsafe for my children and me to stay here but I’m still under a lease. It is unsafe because they will enter my apartment at any time they choose, also my key has been given to people who also come into my apartment when ever for whatever they want. She has unreasonable expectations of how my apartment needs to look like and is controlling how I live in my own apartment. I cannot handel this any longer.

Attorney Answers 3

  1. Best answer

    Yes, there are competent lawyers who specialize in representation of tenants in disputes with landlords.

    Discuss the concept of "retaliatory eviction" with your lawyer. Some states provide minimum notice requirements before a landlord may enter residential property to conduct an inspection, unless there is an emergency. There are a variety of anti-harassment laws which may provide a remedy for you. Residential landlords cannot control the details of how a tenant leads his or her personal life, although there may be some maintenance requirements. Check your lease.

    Good luck,
    Edward H. Cross

    I am not licensed to practice law in Oregon. These comments are for general informational purposes and did not create an attorney-client relationship. Consult with a licensed attorney

  2. There is not a specific type of attorney that deals with this situation but what you want is a general business attorney. There might be one in your area that specializes in Landlord Tenant relations but frankly the issue is one that most attorneys can handle for you.

    You need to document in a journal, date, time and a description of the event that you consider to be harassment. Take that journal to the attorney when you meet with him / her.

    Attorney is Licensed in Arizona, California, and Colorado only. The opinions and comments offered are in the nature of general business advice relating to generic questions that might be raised. The use of this site is not intended to form an attorney client relationship of any kind. The reader is advised that every situation is different and you should always consult in person with a licensed attorney for the particular jurisdiction in question when your legal rights may be effected.

  3. You say that she has been trying to evict you since you got there. You say that it unsafe and intolerable. I don't understand, do you want to live there and you just want her to leave you alone or do you want to get out?

    It sounds to me like the right answer is to get out. Yes, what she is doing is wrong, but by the time you fight it your lease is likely to be up anyway. If she has been trying to get rid of your, why don't you see if you can negotiate an exit? Ask her, "Do you want us to leave?" Don't worry about being under the lease just yet, and don't raise it when you are talking to her about you leaving, yet. If that is what she wants, find out what she is willing to do to get rid of you. The least you want is your deposit back and a written release. Maybe, but doubtfully, she might pay something to help relocate you.

    It depends on how strong your constitution is when you are talking to your landlord. YOu may want to contact a local attorney who specializes in landlord/tenant law. Check Avvo for someone who is qualified or contact your local bar association.

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