Constructive Eviction

Full Definition

Constructive eviction is a legal doctrine that treats a tenant as having been effectively evicted -- even without a formal eviction order -- when the landlord's actions or inactions make the premises uninhabitable or substantially interfere with the tenant's quiet enjoyment. Examples include: persistent mold or pest infestations, loss of heat or water that the landlord refuses to repair, failure to address documented safety hazards, or repeated harassment. When a court finds constructive eviction, the tenant is generally released from their lease obligations, does not owe further rent, and is entitled to recover the security deposit in full (since they left due to the landlord's breach, not abandonment). To establish constructive eviction, the tenant typically must: (1) give the landlord reasonable notice and opportunity to repair the condition; (2) document the habitability failure; and (3) actually vacate the premises within a reasonable time. Remaining in the unit too long after the problem arises can undermine a constructive eviction claim.