Constructive eviction
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| Property law |
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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 has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment). The landlord's action (or failure to act) renders the property uninhabitable and the tenant may terminate the lease and seek damages.
To maintain an action for damages the tenant must show that the uninhabitable conditions 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.
