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.

constructive discharge | constructive fraud


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yay pookie! congrats!
omg this guy on the deposition is screamingggg
And congrats!!!!!!<3
like it's crazy
i've heard great things about UVA! I visited upenn and hated it so much / felt so uncomfy there and the starbucks by campus got robbed while i was there waiting for my tour to start lol
@OptimisticOutlier That sounds terrible, I'm sorry you had to experience that lol. Can I ask what made you feel uncomfortable? Like the sketchy vibes of the city or like the camp\us itself etc.?
penn is in a nice area
right next to drexel
it was campus itself, honestly i can't explain what it actually is. I felt the same way when I was touring schools for undergrad, pretty much pulled up to upenn and told my mom i knew i didn't like it and didn't need to take the tour lol
would argue with the nice area piece lol i think all of philly is kinda scary, someone pulled a gun on my team while we were down for a football game at upenn and walking around at night
but that said, i'm pretty happy i moved to pa after school and i know lots of people love upenn!
dear god is that sketchy
definetly safer than how its being described
people are absolutely crwzy
yeah yeah will 10000% agree i've had like bad outlier experiences lol
u are the optimistic outlier after all
how do i tell my boss im quitting and need to take off on monday (visiting ND on monday to meet with dean and check the vibes, was gonna put in my 2 weeks regardless
i luv being an art hoe snob
believe it or not i didn’t miss any calls
Lol all of philly is a dumpster fire
Yet i am moving there for law school in 14 days lol
@OptimisticOutlier: congratulations!!!
I live in that area. It isn't bad at all
[] ararara
Optimistic whaaaaaat?! Now we’ve gotta have some fun! Did we disco? Take your lil victory lap I know that’s right! Make sure to leave some wisdom behind on your profile for the future users!
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