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Simple English definitions for legal terms
constructive eviction
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A quick definition of constructive eviction:
Constructive eviction is when a landlord does things that make it really hard for a tenant to live in their home. Even though the landlord doesn't kick the tenant out, the tenant feels like they have to leave because the landlord is not doing their job. This is called "eviction in fact." It happens when the landlord breaks a promise to keep the tenant's home safe and comfortable. For example, if the landlord doesn't fix a broken heater, the tenant might have to leave because it's too cold to stay. When this happens, the tenant doesn't have to pay rent anymore and can use constructive eviction as a defense if the landlord tries to make them pay.
A more thorough explanation:
Constructive eviction is a situation where a landlord does not physically or legally evict a tenant, but their actions or failure to act make it impossible for the tenant to use and enjoy the property. This breach of the implied covenant of quiet enjoyment can be considered "eviction in fact."
For constructive eviction to occur, the landlord must substantially interfere with the tenant's use and enjoyment of the property, and the tenant must give notice of the problem. If the landlord fails to respond and resolve the issue, the tenant can vacate the property within a reasonable amount of time.
Examples of conduct that can lead to constructive eviction include severe insect infestations, preventing tenants from obtaining electricity, and failure to provide heating. In the case of Johnson v. Cabrera, a frozen pipe prevented the use of a rented building during the winter months. The court ruled that a partial constructive eviction occurred when the tenant vacated only the affected part of the property or for a limited period of time.
If a tenant is constructively evicted, they are not required to pay rent, and it can be used as a defense against a landlord's attempt to recover rent.