What is Constructive Eviction?
The relationship between landlord and tenant can become a little complicated at times. Usually, the terms of a written lease provide legal protection for both sides, but in the real world, a piece of paper isn’t always the final word. Some landlords can render a property so uninhabitable that tenants feel a strong obligation to move out before the end of the lease. The use of such tactics to illegally, or at least unethically, force out unwanted tenants is called constructive eviction. Constructive eviction is actually the legal determination made after an offensive situation has occurred. For example, a tenant signs a 12-month lease for a one-bedroom house. He may pay his rent to the landlord faithfully for nine months. What the tenant may not know is that the landlord now wants to sell the house and property to a commercial developer for a significant profit. Under the terms of the original lease, the tenant is entitled to enjoy the use of that home for at least 12 months. What happe
Constructive eviction means the property is in such poor condition that the tenant really cannot live there. For example, there is no water, no electricity, no heat, or a seriously leaking roof in danger of collapse. The tenant has to serve notice on the landlord of the conditions, but there is usually not a minimum time period before the tenant can vacate. The tenant must actually move out in order to argue constructive eviction. If constructive eviction applies, the tenant will not be responsible for paying the rent.
Constructive eviction occurs when the landlord acts to keep the tenant from continuing to live in the rental unit. If the landlord doesn’t correct or terminate the flawed situation, and it seriously impedes the tenant’s use and enjoyment of premises, the tenant can abandon such premises with no obligation to pay rent. How Can Constructive Eviction Occur? Constructive eviction can be as extreme as physically preventing you from entering your leased property or it can be something the landlord does that makes the premises unlivable. Some examples include: • Changing the locks so that the tenant cannot enter • Blocking the door or driveway • Turning off the heat, electricity or water • A leaky roof that is in danger of collapsing • Where the landlord’s treatment of tenant is intolerable When Can I Claim Constructive Eviction? Each state has different laws about constructive eviction. In many places, you must prove the following: • You provided the landlord with notice of the conditions in
