Constructive eviction occurs when there is:

Constructive eviction occurs when there is:

• A. Actual eviction by the landlord.
• B. A substantial interference with the tenant’s use and enjoyment caused by the landlord’s actions or inaction.
• C. No interference with the tenant’s use and enjoyment.
• D. A mere minor disturbance that is common in urban living.

Answer: (B)

Constructive eviction happens when the landlord’s actions or inactions so substantially interfere with the tenant’s use and enjoyment of the property that the tenant is justified in leaving the premises. The interference must be significant and due to the landlord’s conduct or neglect—think a complete failure to repair essential utilities, persistent dangerous conditions, or other conditions that make the space unusable. In that situation, the tenant may vacate and treat the lease as terminated. This isn’t about merely ordinary inconveniences or minor disturbances, or about the landlord physically removing the tenant. It’s about a real, substantial breach by the landlord that destroys the tenant’s ability to live in or use the property.

Constructive eviction happens when the landlord’s actions or inactions so substantially interfere with the tenant’s use and enjoyment of the property that the tenant is justified in leaving the premises. The interference must be significant and due to the landlord’s conduct or neglect—think a complete failure to repair essential utilities, persistent dangerous conditions, or other conditions that make the space unusable. In that situation, the tenant may vacate and treat the lease as terminated.

This isn’t about merely ordinary inconveniences or minor disturbances, or about the landlord physically removing the tenant. It’s about a real, substantial breach by the landlord that destroys the tenant’s ability to live in or use the property.