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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

What is a Constructive Eviction and How Could it Impact You?

One of the most basic assumptions a person has when they rent an apartment or a workspace is that it will be safe to live in, and free from hazards or pests that will allow them to live or work in peace. However, sometimes, a rented space can, through negligence or malfeasance on the part of the landlord, become effectively uninhabitable. If things become bad enough that you can no longer safely or comfortably inhabit the space, you may be dealing with a constructive eviction.

A constructive eviction is a situation where a tenant vacates a rented space because it has become effectively uninhabitable. By law, every landlord must maintain habitable conditions on their property, due to a legal doctrine known as the warranty of habitability. This means ensuring common utilities are available, such as running water or heat during the winter, and that the space is free of hazards or nuisances like broken floorboards or vermin infestations.

If conditions do become that inhospitable in your rented space, and the landlord doesn’t take steps to rectify the inhospitable conditions in a reasonable amount of time, it could be considered a constructive eviction. In that case, you can vacate the premises and not be held legally liable for violating your lease or paying your rent during the period of the constructive eviction. However, you may face a legal battle if your landlord sues for any rent you didn’t pay because of the constructive eviction.

If you are a tenant and your landlord is violating the terms of your lease or seeking to evict you, our Suffolk County tenant lawyers can ensure that your rights are protected. The Long Island landlord-tenant attorneys at McGuire, Peláez & Bennett, PC are experienced in handling these cases and will fight vigorously on your behalf. For information or to schedule a consultation, contact our Suffolk County traffic lawyers at (631) 348-1702.

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Reviews

Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
Daslin helped so much in reducing my traffic ticket. All points were absolved, and I just had to pay a fee. I highly recommend!
Response from the owner:Thank you Yanni. We're proud of our staff and their commitment to excellence and professionalism. We are so happy to have been able to help you.
I couldn't be more pleased with the service. When I found myself in a frustrating traffic ticket situation, their team clearly explained my options, answered my questions, and resolved the issue. My ticket was reduced to 0 points and just a small fee. Special thanks to Daslin!
Response from the owner:Thank you John. So glad we could help.
Response from the owner:Thank you Edgar!
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