Constructive Eviction

Constructive Eviction

Constructive eviction occurs when a landlord fails to maintain a rental property in a habitable condition, making it uninhabitable for the tenant. This legal concept allows tenants to terminate their Lease and seek damages due to the landlord’s negligence in providing a livable SPACe.

Examples

• A tenant finds that the heating system is broken in the middle of winter, and the landlord refuses to fix it, leading the tenant to leave the property.
• Persistent water leaks in the ceiling create mold, and the landlord fails to address the issue, prompting the tenant to move out.

Cases

• Green v. Superior Court: This landmark case established that a tenant could claim constructive eviction if the landlord’s actions made the property unlivable.
• Hoffman v. 162nd Street Realty: In this case, the court ruled in favor of the tenant who left due to severe pest infestations and the landlord’s inaction.