What is "constructive eviction?"

Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in, forcing the tenant to leave the property. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted." 

Examples of actions that may be constructive eviction

Common examples of a possible constructive eviction where the conditions are so bad that the tenant leaves the rental include:

(1) shutting off the utilites; 
(2) refusing to clean up an environmental hazard;
(3) blocking the entrance to a unit;
(4) refusing to fix a leaky roof, causing damage to walls;
(5) removing toilets or sinks;
(6) changing the locks.

When can you claim constructive eviction

To claim constructive eviction, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to clear up the problem. While it is necessary to give the landlord a chance to remedy the problem, this does not mean that the problem has to be repaired within 24 hours. Some repairs will obviously take longer, such as an gas or water leak, but the repair must be done within a "reasonable" period. 

Where there are poor living conditions, it would be wise for the tenant to take photographs and have third party inspectors view the property. Third party inspectors would be the local health department as well as the building and permit department.

What are my rights if I have been constructively evicted?

If the landlord does not remedy the conditions within a reasonable amount of time after notice to him, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement. In most cases, the tenant must physically move out of the property and then sue for damages, termination of the lease, etc.