Constructive eviction
Encyclopedia
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:
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.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
of real property
Real property
In English Common Law, real property, real estate, realty, or immovable property is any subset of land that has been legally defined and the improvements to it made by human efforts: any buildings, machinery, wells, dams, ponds, mines, canals, roads, various property rights, and so forth...
to describe a circumstance in which a landlord
Landlord
A landlord is the owner of a house, apartment, condominium, or real estate which is rented or leased to an individual or business, who is called a tenant . When a juristic person is in this position, the term landlord is used. Other terms include lessor and owner...
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
Leasehold estate
A leasehold estate is an ownership of a temporary right to land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord....
who is constructively evicted may terminate the lease and seek damages
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory 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.