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constructive eviction |
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constructive eviction The circumstance arising when,through no fault of the tenant,the premises are rendered unusable for the purposes for which they were leased, resulting in the de facto equivalent of an eviction. The concept is available as a defense for consumer tenants breaking their leases and vacating the premises as a result of claimed constructive eviction. It is not generally available to commercial tenants. How to thank TFD for its existence? Tell a friend about us, add a link to this page, add the site to iGoogle, or visit webmaster's page for free fun content. |
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Claims usually allege negligence, strict liability, implied and express contract, constructive eviction, breach of contract and/or nuisance. Legal liability theories applicable to mold claims may include negligence, strict liability, breach of warranty, constructive eviction, failure to disclose, breach of contract, fraud, workers' compensation, and violation of air quality laws. The court found that the landlord fulfilled its obligations under the lease and rejected Marymount's claim that conditions at the hotel (which at the time was an "SRO") constituted a constructive eviction. |
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