Constructive Eviction

Constructive eviction occurs when the landlord's wrongful act or failure to act substantially interferes with the tenant's use and enjoyment of the premises. To assert the defense, the tenant must notify the landlord, allow a reasonable time to cure, and actually vacate.

Related Landlord-Tenant rules

• Types of Leasehold EstatesThe four leasehold estates are: (1) tenancy for years (fixed duration, ends automatically); (2) periodic tenancy…
• Implied Warranty of HabitabilityIn residential leases, a landlord impliedly warrants that the premises are fit for human habitation at the outset and…
• Tenant's Duty to RepairA tenant must not commit waste and must maintain the premises in reasonably good repair. A landlord may recover…
• Assignment vs. SubleaseAn assignment transfers the tenant's entire remaining lease interest; privity of estate exists between assignee and…
• Landlord's Duty to MitigateUnder the majority modern rule, a landlord whose tenant abandons must make reasonable efforts to re-let the property.…

Part of Real Property on Core Legal Rules — foundational MBE-tested principles with primary-source citations.