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constructive eviction

Constructive evictions occur when a landlord does not physically or legally evict a tenant but takes actions that interfere with the tenant's use and enjoyment of the premises significantly enough to constitute “eviction in fact.” The doctrine of constructive eviction is based on a breach of the implied covenant of quiet enjoyment . 

Constructive eviction can occur as a result of the landlord's breach of the implied covenant of quiet enjoyment if: 

1. The landlord substantially interferes with the tenant's use and enjoyment of the premises by their actions or failure to act to resolve a problem;
2. The tenant gives the landlord notice of the problem and the landlord fails to respond and resolve the problem; and
3. The tenant vacates the premises in a reasonable amount of time after the landlord fails to resolve the problem.

Although a party must vacate the premises to claim constructive eviction, they need not vacate it entirely. As seen in the case of Johnson v. Cabrera , when a frozen pipe prevented use of a rented building for the winter months, a partial constructive eviction occurs when a party vacates only the affected part of their premises or vacates for a limited period of time.

A party who has been constructively evicted is absolved of the duty to pay rent, and successfully raising constructive eviction serves as a defense against a landlord’s action to recover rent. Examples of conduct sufficient to constitute constructive eviction include severe insect infestations , preventing tenants from obtaining electricity , and failure to provide heating . 

[Last reviewed in July of 2022 by the Wex Definitions Team
]

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