Constructive eviction
National Real Estate Exam glossary · Leasing/Management
Definition
Occurs when a landlord's failure to maintain the premises renders them unusable for their intended purpose, so substantially interfering with the tenant's use that the tenant may lawfully vacate and terminate liability for rent.
Constructive eviction in plain English
Constructive eviction is when a landlord doesn't literally kick you out, but lets the place fall apart so badly that you can't actually live there — so the law treats it as if they DID evict you. Imagine renting an apartment where the heat dies all winter and the landlord ignores every call; the place is unusable for its whole purpose. In that situation the tenant is allowed to move out and stop paying rent, because the landlord's neglect basically forced them to leave. The key is that the problem has to be serious enough to make the property genuinely unusable, not just annoying.
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