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General Landlording & Rental Properties

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Sarah Lewis
  • Dana Point, CA
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Constructive Eviction- Asthma?

Sarah Lewis
  • Dana Point, CA
Posted Oct 8 2014, 01:44

My tenant is breaking the lease and leaving early, and now he's bringing up how his kid is suffering from asthma. I feel sorry for the kid, but does the tenant have any chance in using that as a legitimate reason to break the lease and avoid paying the lost rent I will suffer?

Could asthma be considered a case of constructive eviction, where the property is inhabitable to the degree that the landlord has essentially evicted the tenant and thus the tenant is released from all obligations of the lease? That's the only thing I can think of if he attempts to use his kid's asthma to break the lease.

The tenant has lived there for several years and he's never brought up asthma as an issue before, but they've recently started building a neighborhood park nearby so there's some dust from that.

However, that park is beyond my scope and I have no control over that. And, there are all these different possible triggers for asthma so I don't know how you could blame the dust when it could just as easily be something else.

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