Legal Definitions - constructive eviction

Constructive eviction occurs when a landlord's actions, or their failure to act, make a rental property uninhabitable or unusable to such a significant degree that the tenant is effectively forced to move out, even though the landlord has not formally evicted them. This situation arises when the landlord breaches their implied duty to provide a tenant with "quiet enjoyment" of the property, meaning the right to use and enjoy the premises without substantial interference.

For a claim of constructive eviction to be valid, several conditions must typically be met:

• The landlord's actions or inactions must create a substantial interference with the tenant's ability to use and enjoy the property.
• The tenant must notify the landlord of the problem.
• The landlord must fail to resolve the issue within a reasonable amount of time after receiving notice.
• The tenant must then vacate the premises within a reasonable timeframe due to the unresolved problem.

If these conditions are met, the tenant is generally no longer obligated to pay rent and can use constructive eviction as a defense against a landlord's claim for unpaid rent. It's important to note that constructive eviction can also be partial, meaning a tenant might only need to vacate a specific affected part of the property or for a limited period if that portion becomes unusable.

• Example 1: Persistent Environmental Hazard

  A tenant rents an apartment in a building where the landlord consistently fails to address a severe mold infestation in the walls and ceiling, despite repeated complaints and visible health impacts on the tenant. The landlord makes superficial attempts at cleaning but never properly remediates the underlying issue, making the air quality consistently poor and causing respiratory problems for the tenant. After giving formal notice and waiting several weeks for a proper solution, the tenant moves out.

  How this illustrates constructive eviction: The landlord's repeated failure to address a significant health hazard (mold) constitutes a substantial interference with the tenant's ability to safely and healthily use the premises. The tenant provided notice, the landlord failed to resolve the problem effectively, and the tenant vacated, thus meeting the criteria for constructive eviction.

• Example 2: Loss of Essential Access or Utility

  A landlord begins extensive, unannounced construction on the exterior of an apartment building, which involves scaffolding that completely blocks the tenant's only window and balcony for months, making the apartment dark, noisy, and unusable for its intended purpose of enjoying natural light and outdoor space. Furthermore, the construction repeatedly cuts off the building's internet service, which is included in the rent and essential for the tenant's remote work. Despite the tenant's protests, the landlord refuses to provide alternative arrangements or a timeline for completion. The tenant, unable to work or live comfortably, moves out.

  How this illustrates constructive eviction: The landlord's actions (construction blocking light and access, disrupting essential internet) substantially interfere with the tenant's quiet enjoyment and ability to use the property as agreed. The tenant notified the landlord, who failed to resolve the issues, leading the tenant to vacate the premises.

• Example 3: Failure to Maintain Security

  A tenant lives in a secure apartment building where the landlord is responsible for maintaining the common areas. After a series of break-ins, the building's main entrance door lock is repeatedly broken and left unrepaired for weeks at a time, despite the tenant and other residents notifying the landlord about the significant security risk. The landlord fails to take effective, lasting measures to secure the building, leading the tenant to feel unsafe and vulnerable in their home. Fearing for their personal safety and property, the tenant moves out after giving the landlord a final notice.

  How this illustrates constructive eviction: The landlord's persistent failure to maintain basic security, an essential aspect of safe habitation, constitutes a substantial interference with the tenant's quiet enjoyment. The tenant provided notice, the landlord failed to rectify the problem, and the tenant vacated, fulfilling the requirements for constructive eviction.