Constructive Eviction

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A tenant’s premises that are determined to be per-se uninhabitable can constitute constructive eviction of the tenant by the landlord

The act or acts by the landlord renders the rented premises uninhabitable, thereby forcing the tenant to vacate the premises. This is called constructive eviction, which ends the lease and the obligation to pay rent.

Constructive eviction is much worse than depriving a tenant of their legal right to the quiet enjoyment of their property. Here, the landlord has created an unreasonably dangerous and unhealthy condition for the tenant.

Uninhabitable conditions include but are not limited to:

  • Broken Pipes
  • Leaking Roof
  • Leaking Toilet
  • No Electricity
  • Exposed Electric Wires
  • Mold Infestation
  • Broken Water Faucets
  • No Hot Water
  • Broken or Boarded Up Windows
  • Exposure To Asbestos

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