What constitutes constructive eviction?

Constructive eviction occurs when a landlord's actions (or inactions) make a rental property uninhabitable, effectively forcing the tenant to vacate. In this context, the landlord's failure to maintain habitable premises directly impacts the tenant's ability to enjoy and use the leased property. If the living conditions become so poor that they breach the implied warranty of habitability, the tenant may claim constructive eviction even if they have not formally been evicted by the landlord.

This means that the tenant has a legal basis to terminate the lease and seek damages if they leave the premises due to the landlord’s failure to address significant issues, such as severe water damage, lack of heat, or pest infestations. In such cases, the tenant can argue that the landlord's neglect has effectively evicted them, even though they left voluntarily. Understanding this principle is crucial for both landlords and tenants in managing their rights and responsibilities under lease agreements.