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Real Property • Landlord-Tenant
PROP#084
Legal Definition
Constructive eviction is a breach of quiet enjoyment and occurs where the landlord does something or fails to do something that renders the property uninhabitable. The tenant must notify the landlord of the problem and give them a reasonable amount of time to fix it. If the landlord fails, the tenant may terminate the lease by vacating the premises and seek damages.
Plain English Explanation
In legal-speak, "constructive" generally means, "even if you didn't technically do it, you might as well have done it, so we're going to treat it like you did it for real." Thus, constructive eviction is an eviction that isn't explicitly an eviction, but it might as well be one under the circumstances. For example, if a landlord turns off a property's gas, electricity, and water, they have constructively evicted the tenant. Why is that?
After all, even without utilities, a tenant would still have the legal right to occupy the property. Heck, couldn't they just have some water, a generator, and propane tank delivered? Though the tenant has not literally or actually been evicted, the landlord has made it so difficult or impractical to live there, the law will treat it the same as if the landlord had physically kicked the tenant off the land.
In these circumstances, the tenant is justified in leaving the property and suing the landlord.
After all, even without utilities, a tenant would still have the legal right to occupy the property. Heck, couldn't they just have some water, a generator, and propane tank delivered? Though the tenant has not literally or actually been evicted, the landlord has made it so difficult or impractical to live there, the law will treat it the same as if the landlord had physically kicked the tenant off the land.
In these circumstances, the tenant is justified in leaving the property and suing the landlord.
Hypothetical
Hypo 1: Amy rents an apartment from Bob and signs a 6 month lease. After 2 months, Amy realizes her toilet no longer flushes. It appears that the apartment complex's sewer line has been backed up by another tenant. Amy lets Bob know and, that night, walks down to the gas station to use their restroom. The next morning, Amy finds her toilet is still not working. She calls Bob, who says he is having a guy come look at it in a couple weeks. Result: Amy has been constructively evicted. Even though the rest of the apartment is fine, without a functioning toilet, the apartment is uninhabitable. The law doesn't expect Amy to keep walking to the gas station to use the toilet. Thus, Amy can terminate her lease, vacate, and sue Bob.
Visual Aids
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