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Constructive eviction is a term used in the law of
real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...
to describe when a landlord sidesteps the formal, legal
eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortg ...
process, and instead attempts to force the eviction of the tenant by rendering the property uninhabitable (e.g. changing the locks, or deliberately cutting off the heat/water supply to the property). A tenant who is constructively evicted may terminate the lease and seek damages. Three conditions must be met for a circumstance to qualify as constructive eviction: *A landlord must substantially interfere with a tenant's use and enjoyment of a rental property through either his actions, or his inaction regarding problems. *A landlord fails to respond or resolve any problems that the tenant has reported to the landlord. *The tenant leaves the premises within a reasonable amount of time after a landlord's failure to resolve a problem. A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.


See also

* Implied warranty of habitability Property law


References

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