A legal doctrine that allows a tenant to terminate a lease when the landlord fails to maintain the premises or common areas to the point where the space becomes unusable for its intended purpose. The tenant must actually vacate to claim constructive eviction.
Constructive eviction occurs when a landlord, through action or inaction, substantially interferes with a tenant's ability to use and enjoy the leased premises. Unlike actual eviction, there is no physical lockout. The tenant must demonstrate that (1) the landlord's conduct or failure to act rendered the premises substantially unsuitable, (2) the tenant gave notice, and (3) the tenant vacated within a reasonable time. Courts evaluate whether the interference was sufficiently severe and persistent to justify lease termination.
A landlord refuses to repair a failed HVAC system for months, making the space uninhabitable during summer. When the tenant vacates and stops paying rent, the landlord sues for the remaining lease term, arguing the tenant abandoned the premises voluntarily.
Document every maintenance failure in writing, send formal notice to the landlord demanding repair, and keep copies of all correspondence. If you must vacate, do so promptly after the landlord fails to cure. Delayed departure weakens a constructive eviction defense.
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Find My OverchargesThis page provides general educational information. It is not legal advice and may not reflect the most current law in your state. Consult a licensed attorney for advice specific to your situation.
