📘 What is Constructive Eviction?

Constructive Eviction occurs when a landlord's actions—or failure to act—make a rental property uninhabitable, effectively forcing the tenant to leave. This legal doctrine allows tenants to break a lease without penalty if essential services or habitability standards are not met.

Examples may include lack of heat, water, or severe pest infestations that go unresolved despite repeated complaints.

📌 When and Why It’s Used

Constructive Eviction is used as a tenant's legal defense when living conditions become intolerable due to landlord negligence. Rather than staying and enduring unsafe or unsanitary housing, tenants may claim constructive eviction to exit the lease lawfully.

Real estate investors and landlords must understand this concept to maintain compliance with housing standards and avoid legal disputes or revenue loss from unexpected tenant departures.

🧮 How It’s Calculated or Applied

There is no numerical formula for constructive eviction; it’s determined through legal analysis and typically requires proof that the landlord failed to address habitability issues after being notified. The tenant must also vacate the property within a reasonable time frame to validate the claim.

Evidence such as written complaints, photos, and inspection reports are often used in legal proceedings to support constructive eviction claims.

✅ Pros

• Empowers tenants to leave unsafe or unhealthy housing legally
• Encourages landlords to maintain properties and respond to complaints
• Helps maintain minimum habitability standards in rental housing

⚠️ Cons

• Can lead to legal battles and financial loss for property owners
• Requires tenants to abandon the property, often at personal expense
• Claims can be misused or exaggerated without proper documentation