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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.



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Further, the litigation of such cases must be handled in an extremely professional and thorough manner lest landlords potentially be found liable for constructive eviction and resulting egregious financial penalties.
[ILLUSTRATION OMITTED] Residential tenants are protected not only by theories of constructive eviction and dependent covenants, but also by the Utah Fit Premises Act and local ordinances that specify the condition in which landlords must maintain residential property.
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.
 
 
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