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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.

Seven Signs of a Constructive Eviction

Many landlords have been struggling to figure out how to deal with tenants who cannot, or will not, pay their rent. While most landlords remain firmly on the side of the law, some will resort to illegal acts to force out their tenants, in what is known as a constructive eviction. Here are seven signs that you may have become a victim of a constructive eviction:

  1. Broken things do not get fixed
    • One of the primary duties of landlords is to ensure the space they are renting is in good repair. This means that utilities like water, electricity and heat must be functional, and dangerous conditions like broken floorboards or exposed wiring should be repaired. When they are not, it can create conditions that result in a constructive eviction.
  2. Insufficient safety measures
    • Along the same lines as keeping things in good repair, landlords are also supposed to be aware of potential safety threats and take steps to prevent those dangers from affecting their tenants. This may mean putting up security cameras, hiring security guards, or putting bars over windows, as appropriate. When landlords do not take their tenants’ safety seriously, it can indicate a constructive eviction.
  3. Infestations are not addressed
    • Cockroaches and mice may not seem as serious a threat as burglars or a lack of heat in the winter. However, it is just as much a responsibility of landlords to get rid of infestations of vermin like roaches, rats, termites, bed bugs, and the like. When a landlord refuses to get rid of these unwanted guests, it could be a sign of a constructive eviction.
  4. You get constant harassing messages
    • A constructive eviction does not always have to be so passive-aggressive as simply refusing to do what a landlord is supposed to do. A landlord can also harass you with constant messages, perhaps multiple times a day or at odd hours. Even if these messages are not threatening in tone, the constant barrage of messaging can become a form of harassment, and potentially constitute constructive eviction.
  5. Utilities get turned off
    • So long as you are in an apartment, even if you are not paying your rent, your utilities are supposed to stay on. Sometimes, though, a landlord will shut off power, water, heat, or other utilities to make your life more uncomfortable and try to force you out. This is almost always illegal, and may constitute a form of constructive eviction.
  6. Your lock gets changed while you are out
    • Another way a landlord may try to force you out is by changing your lock while you are not in your apartment. Aside from being a loud-and-clear message that you are no longer welcome in your apartment, this is a form of harassment that is completely illegal. If it happens, you have likely become the victim of a constructive eviction.
  7. You are threatened or harmed
    • Finally, a landlord may simply drop the pretenses of civility and simply threaten you with harm, or actually commit harm against you or your property. Aside from being a potential criminal offense, it is also a clear violation of landlord-tenant law. If this happens to you, you almost certainly have a case for a constructive eviction.

If you have questions regarding your rights as a landlord or tenant, you should seek advice from an attorney experienced in handling these matters. A New York landlord-tenant lawyer, who is experienced in handling landlord-tenant cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you are facing a dispute over unpaid rent, lease violations, or other similar issues, contact the Suffolk County landlord-tenant attorneys at McGuire, Peláez and Bennett 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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