What is Constructive Eviction?
Constructive eviction occurs when the landlord acts to keep the tenant from continuing to live in the rental unit. If the landlord doesn’t correct or terminate the flawed situation, and it seriously impedes the tenant’s use and enjoyment of premises, the tenant can abandon such premises with no obligation to pay rent. How Can Constructive Eviction Occur?
Constructive eviction can be as extreme as physically preventing you from entering your leased property or it can be something the landlord does that makes the premises unlivable. Some examples include: - Changing the locks so that the tenant cannot enter
- Blocking the door or driveway
- Turning off the heat, electricity or water
- A leaky roof that is in danger of collapsing
- Where the landlord’s treatment of tenant is intolerable
When Can I Claim Constructive Eviction?
Each state has different laws about constructive eviction. In many places, you must prove the following: - You provided the landlord with notice of the conditions involved
- The conditions were so severe that you were forced to leave for health or safety reasons
- You did in fact move out of the rented premises
Can a Disruptive Neighbor be Grounds for Constructive Eviction?
Generally, you cannot claim constructive eviction when faulty conditions are caused by neighbors. The only exception is when the neighbor’s actions are under the landlord’s control. However, you may have a claim against your neighbor under your city’s noise ordinances.
Should I Consult an Attorney if I Want to Claim Constructive Eviction?
If you feel like you have a claim for constructive eviction, you should consult an attorney before making a move. An experienced landlord-tenant lawyer can help explore your options and determine whether you have been constructively evicted. |
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