Can I ask for lower rent if there has been a flood, a fire and a murder in my apartment complex in the 3 months I have lived there?
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Can I ask for lower rent if there has been a flood, a fire and a murder in my apartment complex in the 3 months I have lived there?
Flooding from second floor balcony on second floor where I live, resulted in major construction and mildew/mold smell and no notice of pending construction or issue. Fire down the hall on second floor resulting in 3AM evacuation of building but with no one checking to see if we were even in a apartment of evacuated. A murder on the second floor under suspicious circumstances, supposed to be secure entry building. property manager did nothing for 4 days after being notified of “dead body smell”
Asked on July 11, 2012 under Real Estate Law, Oregon
Answers:
Malik Ahmad / Law Office of Malik Ahmad
Answered 11 years ago | Contributor
There are too many variables in your question like major construction, mold, smell and murder. However, in certain situations you can breach the lease under the principles of constructive eviction. It all depends how much of tenancy is leftover after fire, flood etc. If the premises are uninhabitable, you can leave the premises, and your landlord may offer you some kind of compensation. However, everything is controlled by the written lease between you and the landlord.
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