Occurs when a landlord does not physically or legally evict a tenant, but takes actions that interfere with the tenant's use and enjoyment of the premises significantly. Constructive eviction can occur as a result of the landlord's breach of the implied covenant of quiet enjoyment if (1) the landlord substantially interferes with the tenant's use and enjoyment of the premises by his actions or failure to act to resolve a problem; (2) the tenant gives the landlord notice of the problem and the landlord fails to respond and resolve the problem; and (3) the tenant vacates the premises in a reasonable amount of time after the landlord fails to resolve the problem.
Definition from Nolo’s Plain-English Law Dictionary
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant without following state eviction rules and procedures. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:13 pm