I’m planning to take my landlord to small claims court for constructive eviction. I’ve got solid evidence, but my weak point is that I stayed past the agreed move-out date. My defense is that my landlord trashed my room, turning it into a junk heap, and I couldn’t function enough to properly search for a new place (or even find basic stuff like my toothbrush). Thoughts on how strong this defense might be?
You definitely have a strong defense if your landlord trashed your unit. That’s seriously not okay.
Hadi said:
You definitely have a strong defense if your landlord trashed your unit. That’s seriously not okay.
Wait, would that really work as a defense? Even if you stayed longer than agreed?
Hadi said:
You definitely have a strong defense if your landlord trashed your unit. That’s seriously not okay.
Yeah, because it was the landlord’s fault you couldn’t move out on time. Constructive eviction covers stuff like that.
Honestly, NYC landlord-tenant laws can be in your favor, especially with evidence. Just make sure you’ve got all your documentation.
Cal said:
Honestly, NYC landlord-tenant laws can be in your favor, especially with evidence. Just make sure you’ve got all your documentation.
What kind of evidence do you think would be most helpful?
Cal said:
Honestly, NYC landlord-tenant laws can be in your favor, especially with evidence. Just make sure you’ve got all your documentation.
Photos, texts, any written agreements… basically anything that shows the state of your place and what the landlord did.
If your place was really trashed, that could be solid proof. Did you take any photos or videos?
Wynn said:
If your place was really trashed, that could be solid proof. Did you take any photos or videos?
Yeah, I got photos of everything. Piles of junk everywhere. Should be enough, right?
Wynn said:
If your place was really trashed, that could be solid proof. Did you take any photos or videos?
Sounds strong to me. Judges usually appreciate visual evidence. Good luck!
Even if you stayed past the move-out date, the landlord’s behavior is a big factor. Constructive eviction can be a powerful argument.
Hayes said:
Even if you stayed past the move-out date, the landlord’s behavior is a big factor. Constructive eviction can be a powerful argument.
What does ‘constructive eviction’ even mean? 
Hayes said:
Even if you stayed past the move-out date, the landlord’s behavior is a big factor. Constructive eviction can be a powerful argument.
Basically, it means the landlord made the place unlivable, so you were forced to leave. In your case, it’s the trashed room.
Glad you’re taking action. Landlords shouldn’t get away with that. Hope the judge sees it your way!
Rory said:
Glad you’re taking action. Landlords shouldn’t get away with that. Hope the judge sees it your way!
Thanks! I’m nervous but hopeful.