a breach of contract, warranty, or agreement that prevents at tenant or buyer from enjoying their property or possessing it.Often, constructive eviction has to do with a landlord or seller's actions or with the presence of an outstanding title.
A situation that arises when the property being leased has deteriorated so far that the property is no longer fit for its original purpose, creating a situation in which the landlord has in effect evicted the tenant.
Breach of a covenant of warranty or quiet enjoyment; for example, the inability of a purchaser or lessee to obtain possession by reason of a paramount outstanding title. An act by the landlord which deprives the tenant of the beneficial use and occupancy of the premises devised.
The "eviction" of a tenant due to conditions, which are not the fault of the tenant, that make a tenant's home unlivable or unfit for occupancy. Under these conditions, the tenant may leave the premises and should not be liable for any future rent. See also eviction and lock-out law, below.
Any disturbance by the landlord of the tenant's possession of leased premises, whereby they are rendered unsuitable for occupancy (the purpose for which they were leased). In such a case, the tenant is not liable for further payment of rent.
Acts done by a landlord which so materially disturb or impair the tenant's enjoyment of the leased premises that a tenant is effectively forced to move out and terminate the lease without liability for any further rent.
Actions of a landlord (or third party) which interfere with a tenant's use and enjoyment of the rented premises to such an extent that the tenant is, at law, considered to have been improperly forced out of the premises.
this occurs when the landlord's wrongful acts keep the tenant from the use of an apartment. In a constructive eviction a tenant, though not physically barred from the apartment or room in question, is unable to use the whole apartment or room for the purpose intended.
Typically described as any disturbance, caused by the landlord, of the tenant's use or possession of the leased premises. The property must be rendered wholly or substantially unsuitable for use in order for there to be constructive eviction.
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant. 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.
Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment). The landlord's action (or failure to act) renders the property uninhabitable and the tenant may terminate the lease and seek damages.