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Re: living w/out water by Jack Klein (NY) on June 10, 2012 @09:36

                              
I have to agree. It sounds as if this is not a case of constructive eviction.

To prove that, the tenant would have to show that the landlord willfully terminated the water service to harm him or to make him leave, when in reality, it was quite the opposite.
The water was scheduled to be switched over to the tenant, the tenant knew about it, AGREED to it, IN WRITING, and still failed to have it turned over in his own account.

Sorry guys, that is not the landlord's fault.
On the other hand...
Can the tenant make a case?
Do the courts favor the tenants?
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