Costa del Sol – My Local Gazette

If a property is in too bad shape to occupy, the law gives every right to the tenant to move out of the property before the end of lease period after providing proper notice to the landlord. The tenant will be exempted from paying rent even he/ she leaves the property before the end of the lease period. Situations like non-availability of proper water, electricity, heat and any serious damage to the unit that may harm the tenant are considered to be reasons for filing constructive eviction.

Before moving out the tenant has to serve notice to the landlord stating the reason for moving out. It is advisable for the tenant to move out of the property before filing a suit for constructive eviction. The tenant should notify the landlord about the present condition of the property and ask landlord to make necessary repair before a time period. If the landlord does not respond to the notification or do not initiate any repair work, the tenant can move out of the property. Then file a case against the landlord for constructive eviction. Some landlords use this method to illegally force out an undesirable tenant by not providing enough facilities to the unit and rendering the tenant compelled to move out. This is often referred to as Constructive eviction.

Constructive eviction gives an edge to the landlord in legally evicting a tenant by rendering a inhabitable situation without going through the hassles of the court procedure and paper work. It is actually an inhuman tactic which is done solely in the interests of the landlord for his/her own financial gain. When the tenant moves out before the lease period, the landlord is less likely to sue the tenant for moving out before the end of lease form and for nonpayment of rent which are normally considered as a breach of the lease agreement. Because the interest of the landlord is at stake and that he/she has evicted the tenant through proper channels only. It can also aid the tenant in initialing a legal action following an offensive situation created by the landlord even after providing enough reminders to the landlord to straighten the matter out. So for both parties law allows for protection by safeguarding the interest of either the tenant or the landlord.

A tenant can file a claim of constructive eviction only after vacating the rental premises. The tenant must take photographs or video footage of the property as it looked at the time of vacancy for evidence which should be produced in the court during the trial. The tenant can also hire experts to inspect the premises for evidence of any dangerous living conditions.

James is a leader in writing about legal forms and agreements that may assist you when you are in the search of the right legal document. He writes many articles about forms ranging from, real estate forms, power of attorney forms, landlord tenant forms, and almost any legal form that you are searching for.

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