What is the concept of constructive eviction?

Constructive eviction refers to a situation in which a tenant is unable to continue living in a rented property due to conditions created by the landlord that make the property unfit for habitation. Although the tenant may not have been formally evicted through a legal process, the unlivable conditions effectively force them to leave.

This concept is rooted in the idea that landlords have a legal obligation to maintain a property in a habitable condition; if they fail to do so, they breach this duty. For instance, if a landlord neglects necessary repairs or allows significant issues such as severe mold, lack of heat or water, or other hazardous conditions to persist, the tenant may rightfully claim constructive eviction.

In practical terms, if a tenant can prove that the landlord's actions or negligence made the dwelling uninhabitable, they may be able to terminate the lease and potentially seek damages without going through the standard eviction process. This concept ensures that tenants have the right to live in safe and decent housing, providing a powerful legal safeguard against neglectful landlord behavior.