Constructive Eviction


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Constructive Eviction

The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.

Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates an apartment because a landlord turns off the heat or water.

The term is also used to mean the breach of a Covenant of Warranty and Quiet Enjoyment of real property, which prevents a purchaser from obtaining possession of property due to the existence of a paramount claim of title.

Cross-references

Landlord and Tenant.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

constructive eviction

n. when the landlord does not go through a legal eviction of a tenant, but takes steps which keep the tenant from continuing to live in the premises. This could include changing the locks, turning off the drinking water, blocking the driveway, yelling at the tenant all the time, or nailing the door shut. (See: constructive)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.
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Recently, the strictness of the constructive eviction doctrine has been eased in one respect: the Court has recognized a tenant defense of partial constructive eviction, where a discrete portion of the premises is rendered untenantable, and is vacated by tenant.
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Interpreting the no-offsets and waiver of counterclaims clauses

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