When you rent a property — whether it’s an apartment, a house or a commercial space, you have certain rights as a tenant.
One of those rights is to live or operate your business in a habitable environment. So, what happens when your landlord fails to uphold the basics on their end and the property becomes uninhabitable? This could lead to a situation that is known as constructive eviction.
When conditions become intolerable that the tenant must leave
Unlike an actual eviction, where a landlord forces a tenant to leave (with or without the proper legal proceedings), constructive eviction is more “passive-aggressive” than direct. In some cases, the issue is brought about through neglect more than anything else – but the tenant is left feeling that they have no reasonable choice but to simply abandon their lease and move out.
Examples of constructive eviction include things like:
- Uninhabitable living conditions: Severe issues like lack of heat or air conditioning, persistent water leaks, mold, pest infestations or structural problems that make the property unsafe can make the space uninhabitable.
- Failure to provide essential services: If the landlord fails to provide essential services like running water or sewage facilities, the property may become unlivable.
- Harassment or invasion of privacy: A landlord who harasses a tenant, enters the property without notice, or otherwise invades the tenant’s privacy can create a situation that feels intolerable.
- Illegal activities: If a landlord allows illegal activities (like open drug deals or gang activity) to occur on or around the property, and this creates a dangerous or unlivable environment, it could be considered constructive eviction.
When a constructive eviction happens, both the landlord and tenant may end up believing they have been wronged. A landlord may try to claim that the tenant didn’t provide enough notice of the issue and is liable for the remainder of their lease, while the tenant may believe they’ve suffered damages related to the forced move. Either way, legal guidance may be essential to help navigate the aftermath.