Consumer complaint received 2016-01-22
Company: EQUIFAX, INC.
State: IN
Product: Credit reporting
Issue: Credit reporting company's investigation
Sub-issue: Problem with statement of dispute

Complaint:
Original Dispute # XXXX : XXXX XXXX XXXX. XXXX XXXX. 

This account stems from a landlord/tenant situation, in which the the landlord did not provide habitable living conditions. The landlord then failed to adequately respond to my repeated attempts to remedy the conditions. Thus leading to a Constructive Eviction. The attachment provided is a email correspondence, between myself and the property manager, in which I make repeated attempts to have them remove mold from the premises, provide warm water, and remove mold from the dishwasher. Failure to take action to remove the mold is in direct violation of Indiana law : IC XXXX XXXX XXXX Par XXXX : Landlord shall comply with all health and housing codes applicable to the rental premises. Failure to address the fact that there was no warm water is in direct violation of Indiana Law : IC XXXX Section XXXX Par XXXX : Plumming systems sufficient to accommodate reasonable supply of hot and cold water at all times. Failure to remedy the mold growth in the dishwasher was in direct violation of Indiana Law : IC XXXX Section XXXX Par XXXX F : provide and maintain the following in good and safe working condition ... Appliances supplied as an inducement to the rental agreement. 

After making several attempts to work with the landlord to remedy the aforementioned issues, all of which under Indiana statute qualify the living conditions to be uninhabitable, I involved the Indiana HUD Department. It was only after my contacting the HUD Department that the property manager began to take my issues seriously, and in response to my statement that their failure to do so in an adequate time frame constituted a constructive eviction, acknowledged that the upon my leaving the apartment would terminate the lease, which I did under the prescribed time frame. 

Under Constructive Eviction, I am within my rights to withhold rent payment, until the landlord remedies the situation, and provides inhabitable conditions. In addition, under constructive eviction the tenant is not liable for past due rent incurred while the apartment was uninhabitable. They allowed me to break the lease because they knew the apartment was uninhabitable, never returned my security deposit, and are now seeking legal actions against me, contrary to what they stated in their email response, seeking to receive money for items such as past due rent, etc., for which they are not legally entitled to under a constructive eviction. 

From my date of move-in the issues in the apartment were clearly documented ( Move in inspection ), they failed to rectify them. Upon discovering the mold, and taking my first shower in freezing cold water, these issues were clearly communicated to the landlord, and documented. I was essentially ignored until I involved the HUD Department, at which time the landlord told me I could move out, and the lease would be terminated. 

XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, IN XXXX ( XXXX ) XXXX

Company response to consumer: Closed with explanation