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mohammad mehdi ghanbari
Hello, good morning
Based on the information you've provided, it appears your landlord may have violated several of your rights as a tenant. You may have grounds for a "constructive eviction" claim, and the landlord's current actions could be considered harassment.
Your Rights Regarding Repairs
Landlords have a legal responsibility to ensure the properties they rent are safe and habitable. This includes maintaining the property's structure, exterior, and essential services like water and electricity. When a landlord fails to make necessary repairs after being notified, they are in breach of their obligations. Deliberately neglecting necessary repairs to make living conditions unbearable can be considered a form of harassment.
Constructive Eviction
When a landlord's actions, or failure to act, make a property uninhabitable, it can lead to a "constructive eviction". This legal concept applies when the tenant is forced to leave because the landlord's breach of contract has made the premises unlivable. Conditions that can lead to a constructive eviction claim include:
Failure to provide essential services like heat, water, or electricity.
Failure to perform regular maintenance and repairs, leading to unsafe conditions.
Severe infestations of pests like rodents or insects.
To claim constructive eviction, a tenant generally needs to notify the landlord of the issue and move out within a reasonable time if the problem is not resolved. If a constructive eviction is established, the tenant may be absolved of the duty to pay further rent.
Landlord Harassment
Landlord harassment includes any action taken by a landlord to disturb a tenant's peace and pressure them to leave a property. Harassment is a criminal offense. Actions that can be classified as harassment include:
Withholding essential services.
Failing to carry out necessary repairs.
Threats and intimidation, including financial threats.
Frequently entering the property without proper notice.
Creating a nuisance that disrupts the tenant's quiet enjoyment of the property.
What You Can Do
Given the circumstances, you have several options. It is recommended that you seek legal advice to determine the best course of action for your specific situation.
Steps you can take:
Contact your local council: You can report the landlord's failure to make repairs and the current harassment to your local council's environmental health department or tenancy relations officer.
Formal Complaint: Write a formal letter to your landlord explaining your reasons for leaving, detailing the lack of repairs and the uninhabitable living conditions. You should also state that their contact with you at your workplace is considered harassment and must stop.
Legal Action: If the landlord continues to harass you or pursues you for unpaid rent, you may be able to take legal action. You can use your documentation of the property's condition and the landlord's negligence as evidence. A court may order the landlord to pay you compensation for the harm caused by their failure to make repairs
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