Constructive eviction


Constructive eviction

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 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.

To maintain an action for damages, the tenant must show that:

  • the uninhabitable conditions (substantial interferences) were a result of the landlord's actions (not the actions of some third party) and
  • that the tenant vacated the premises in a reasonable time.

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

  • Implied warranty of habitability

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Look at other dictionaries:

  • constructive eviction — see eviction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. constructive eviction …   Law dictionary

  • constructive eviction — Such arises when landlord, while not actually depriving tenant of possession, has done or suffered some act by which premises are rendered untenantable. Net Realty Holding Trust v. Nelson, 33 Conn.Sup. 22, 358 A.2d 365, 367. Any disturbance of… …   Black's law dictionary

  • constructive eviction — Such arises when landlord, while not actually depriving tenant of possession, has done or suffered some act by which premises are rendered untenantable. Net Realty Holding Trust v. Nelson, 33 Conn.Sup. 22, 358 A.2d 365, 367. Any disturbance of… …   Black's law dictionary

  • constructive eviction — As a breach of a covenant of title: it yielding by the grantee to the hostile assertion of an adverse paramount title. 20 Am J2d Cov § 101. Any disturbance of a tenant s possession by the landlord, or someone acting under his authority, or an… …   Ballentine's law dictionary

  • constructive eviction — noun action by a landlord that compels a tenant to leave the premises (as by rendering the premises unfit for occupancy); no physical expulsion or legal process is involved • Syn: ↑eviction • Derivationally related forms: ↑evict (for: ↑eviction)… …   Useful english dictionary

  • constructive eviction — noun breach of a landlord/tenant relationship that occurs when the landlord does not order the tenant to leave the property, but allows the property occupied by the tenant to fall into such poor condition that it can no longer be lived in …   Wiktionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • eviction — evic·tion /i vik shən/ n: the dispossession of a tenant of leased property by force or esp. by legal process actual eviction: eviction that involves the physical expulsion of a tenant constructive eviction: eviction effected by substantially… …   Law dictionary

  • eviction, retaliatory — n. Expelling the tenant from the property in retaliation for the tenant’s valid complaints about the landlord. See also constructive eviction The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

  • eviction — Dispossession by process of law; the act of depriving a person of the possession of land or rental property which he has held or leased. Act of turning a tenant out of possession, either by re entry or legal proceedings, such as an action of… …   Black's law dictionary