If a rental building is not up to code, is that considered to be constructive eviction?

Question Details:

We alerted our former landlord several times that we needed a handrail installed on our 15 step staircase, thus bringing the rental up to code. He never did and we had to move as I was pregnant and had low-placenta (high risk) and had to live in a safe environment. He is now suing us for breaking the lease. Since we have documentation of the severaltimes we asked him to bring the house up to code and he never did, can we counter-sue for constructive eviction?

Answered 5 years ago| Contributor
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