Does a tenant have to move out, (constructive eviction) to prove in small claims court that the landlord has breached the implied covenant and the lease agreement by failing to control the noise at 6am from the landscapers, which the landlord contracts with? And that the landlord's act or omission substantially interfered with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy.
I don't want to move and I don't want to withhold rent and deal with the eviction process. I am trying to do this the right way. The management refused to speak with me so I am suing the landlord for the reduced value of leased space from the time I moved in until they finally made the appropriate changes.