Constructive eviction

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.