Legal Question in Landlord & Tenant Law in Kansas

What can my landlords do if I vacate my apartment on the grounds of constructive eviction? I have paid my rent up to date and I gave them written 14 day notice that we would be leaving and consider the lease terminated if the maintenance issues weren't resolved. Our apartment (top floor) has numerous ceiling leaks with cracks, giant bubbles, and mold accumulation, among other maintenance issues.


Asked on 6/18/14, 11:06 am

1 Answer from Attorneys

Anthony Smith LawSmith

The facts you described do not seem to support a constructive eviction claim. Your landlord can sue for the rent of the rest of your lease, or the early termination damages described in your lease agreement (if any.). You can raise the maintenance issues as a defense, if you documented the requests for repairs prior to giving the notice of your intention to vacate.

Good luck

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Answered on 6/28/14, 6:59 am


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