Legal Question in Real Estate Law in Kentucky
Our house we rent has major issues: A leak from the upstair bathtub has caused mold in the walls and floor, both of which were here before we moved in (leak and mold). The landlord is about to do major construction in the house (tearing out walls, etc.) to correct the issue. While we appreciate the efforts, we're leaning towards moving out instead of living here while they do all this consruction around us for the noise and health concerns about releasing more mold spores tearing the drywall out around our children. Would this qualify as constructive eviction and what do we have to do to leave? Nothing in the lease addresses these issues or covers liability in this situation.
2 Answer from Attorneys
That depends on whether your city has adopted the Uniform Residential Landlord Tenant Act or if other local law controls. Seek a consultation with an attorney in your town. Under URLTA, I think the landlord should either put you up in a hotel or other property while the repairs are being made or let you out of the lease. But unfortunately, very few cities are under URLTA.
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