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.

References in periodicals archive ?
344) Recognizing constructive eviction as cognizable
perhaps not amounting to constructive eviction, would constitute
establish a claim for constructive eviction, a tenant need not move out
See Anti-Defamation League Foundation, supra, (dismissing claim of constructive eviction based on landlord's building reconstruction work, where interference was, by its nature, "intermittent"); see also, Darnley v.
The doctrine of constructive eviction is based on the fundamental principle of failure of consideration: If one party to a contract is materially deprived of the benefits of the contract by the other party, the first party in turn may correspondingly suspend performance.
4 argues that New York's equation of the doctrines of constructive eviction and breach of quiet enjoyment, while longstanding, is a mistake, founded on sloppy language in some old decisions.
This theory of independent covenants in turn also explains the basis for the exception noted in Kayser-Roth, that the no-offsets clause does not preclude a defense of constructive eviction.
In brief, the requirements for a constructive eviction defense are as follows:

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