Define: Constructive Eviction

Constructive eviction is a legal concept that occurs when a landlord’s actions or failures to act make a rental property uninhabitable or significantly interfere with a tenant’s ability to use and enjoy the premises. This interference is so severe that it effectively forces the tenant to move out of the property. Unlike actual eviction, where the landlord physically removes the tenant, constructive eviction occurs when the tenant is compelled to leave due to the landlord’s breach of the lease agreement or failure to provide essential services or maintain habitability. In response to constructive eviction, tenants may have legal remedies such as terminating the lease, withholding rent, or seeking damages for breach of contract.

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.

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 29th March, 2024.