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|Part of the common law series|
|Estates in land|
|Future use control|
|Other common law areas|
Higher category: Law and Common law
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:
- 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.
- "Constructive Eviction". LII / Legal Information Institute. Cornell Law School. Retrieved 8 September 2021.