Constructive eviction

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Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he or she has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment), rendering the property uninhabitable. A tenant who is constructively evicted may terminate the lease and seek damages.

Three conditions must be met for a circumstance to qualify as constructive eviction:[1]

  • A landlord must substantially interfere with a tenant's use and enjoyment of a rental property through either his actions, or his inaction regarding problems.
  • A landlord fails to respond or resolve any problems that the tenant has reported to the landlord.
  • The tenant leaves the premises within a reasonable amount of time after a landlord's failure to resolve a problem.

A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.

See also[edit]


  1. ^ "Constructive Eviction". LII / Legal Information Institute. Cornell Law School. Retrieved 8 September 2021.