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Constructive eviction

Posted by Michael Giblin on February 16, 1999 at 18:24:19:

April '98 went w. a broker to see a rental house.It was being renovated by owner who lived next door to it. I signed agreement to rent starting 5/1/98 and he promised all renovations would be completed by that date. The renovations were not complete until 5/6/98. We moved two racks of winter clothes and 10 leaf bags of "stuff" into basement. On 5/11/98, went over with more winter things and landlord was there. Said he saw flood in basement 5/10/98. We moved our things out, he signed on top of lease "Lease cancelled 5/11/98" He kept 1/2 month's rent. We never physically moved into home. Took him to Small Claims Ct for 1/2 months rent. He counter sued for $2,643. He submitted bills for renovations and loss of a full month's rent. The broker gave us back her fee as she rented his place (after he put in sump pump and sealed the basement floor) 6/1/98. The judge ruled in his favor. I am appealing the small claims decision on the grounds of a breach of Implied Warranty of Habitability and constructive eviction Do I have a change on appleal? Any recommendations?

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