Constructive Eviction

Also found in: Dictionary, Thesaurus, Financial, Encyclopedia, Wikipedia.

Constructive Eviction

The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.

Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates an apartment because a landlord turns off the heat or water.

The term is also used to mean the breach of a Covenant of Warranty and Quiet Enjoyment of real property, which prevents a purchaser from obtaining possession of property due to the existence of a paramount claim of title.


Landlord and Tenant.

constructive eviction

n. when the landlord does not go through a legal eviction of a tenant, but takes steps which keep the tenant from continuing to live in the premises. This could include changing the locks, turning off the drinking water, blocking the driveway, yelling at the tenant all the time, or nailing the door shut. (See: constructive)

References in periodicals archive ?
discrimination, which does not amount to constructive eviction, may
might be stretched" to encompass constructive eviction, which
The California court ruled in favor of the owner, stating that a tenant cannot claim constructive eviction unless the tenant vacates the premises within a reasonable time.
Other decisions focused on the nature of the claimed disturbance to deny constructive eviction claims.
A tenant who contemplates vacating the premises on ground of constructive eviction must give his landlord notice and a reasonable opportunity to correct or remove the condition complained of, when this is feasible.
Nevertheless, it is difficult, in our experience, for a landlord to preclude, on summary judgment, a claim of constructive eviction based solely on a lack of written notice.
In addition, to establish a constructive eviction, tenant must show, in addition to abandonment, all the other elements of such a claim/defense, including:
The Court, on sublandlord's summary judgment motion, dismissed all of the sub-lessee's defenses and counterclaims, except for the defense/counterclaim of constructive eviction.

Full browser ?