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Constructive Eviction

By on August 16, 2019

Constructive eviction refers to the situation whereby tenants terminate a lease contract and vacates the premises due to material failure of the landlord to provide an adequate living environment.

This basically implies that a tenant would be within his or her legal right to do so without being liable for the remainder of the contract.

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For such cases to be deemed as constructive eviction, two critical factors that must be present is that the tenant must vacate the dwelling and that the action should be taken within a reasonable period of time of the landlord’s act.

Should a tenant not vacate the premises, he or she would still be liable to pay rent. However, they can sue the landlord later to recover these rentals.

Some of the common reasons for such circumstances to arise can be:

  • Failure of landlord to provide adequate heating
  • Landlord consistently enters premises without notification
  • Cutting of electrical or water supply
  • etc

The key event is that the tenant’s right to quiet enjoyment of the property is violated by the landlord’s act or inaction.

Constructive eviction as a defense is mostly used in residential real estate and not commercial real estate.



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