A leaking rooftop pool forced residents of a Southeast Baltimore apartment complex to evacuate last week. Now the landlords say there is no structural damage.

“There are no lasting effects from the incident,” Excelsior Communities said Thursday.

Residents disagree. In a proposed class-action lawsuit filed the day of the evacuation, two renters at the Axel Brewers Hill allege that residents have been “constructively evicted.”

“We want to give residents the right to vacate the premises and break their lease without consequence and for folks who can’t do that for whatever reason, we want them to be compensated for them having to live with the inconvenience and disruption,” attorney for the plaintiffs Thomas Keilty said.

Baltimore City Fire responded around 8 a.m. last Friday and found that the pool had buckled up by about 4 feet. Battalion Chief James Beebe said at the scene that crews evacuated the areas under the pool and part of an adjacent building over concerns of a collapse. The building was partially condemned as crews worked to pump water out of the pool, and all residents were able to return in the afternoon.

The lawsuit, which names two residents, Nicole Moss and Helen Mohan, as plaintiffs, was filed in federal court and names Brewers Hill Realty, Excelsior Communities, Wood Partners and JDavis Architects as defendants. Around 9 a.m., residents received an alert from building management to remove vehicles from the parking garage and stay off balconies, according to the complaint.

“This is a structural emergency,” the alert said, according to the lawsuit, and residents were also told to avoid elevators and stairwells.

“Plaintiff and the Class have sustained economic losses because they have made lease payments for apartments that are no longer safe and habitable and will incur significant costs related to temporary housing and moving costs because they have no reasonable expectation of being able to resume living at Axel Brewers Hill in the near future,” the lawsuit alleges.

In a news release Thursday, Excelsior Communities said engineering firm Building Envelope Consultants & Scientists inspected the building and found the “the pool failure did not impact the integrity of the primary building structure and the building remains safe for occupancy.” The complex, across from Canton Crossing shopping center, touts other amenities such as a virtual sports center, a coworking space and an “experience” kitchen.

Reached by phone, Nick Palumbo, project manager for the inspection, said he could not comment. Excelsior Communities did not respond to a request for comment Thursday evening. did not respond to requests for comment”.

When reached for comment, the Department of Housing and Community Development said the pool had “mostly settled back into the structure” and a structural engineer engaged by ownership “inspected the property and they have made recommendations on how to stabilize the area until plans can be submitted to obtain permits to complete the repair work.”

Brian Lasan, a housing department spokesman, said earlier this week that the building has been operating without a rental license for nearly a year. An inspection would have been required for the renewal. Property owners are required to hire third-party inspectors and use forms provided by the housing department.

The lawsuit alleges that the defendants failed to “adequately maintain and repair the premises, including the structural integrity of the building, and [failed] to adequately maintain and repair the pool.” A judge will have to certify the class before the action can move forward.