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 ?
"might be stretched" to encompass constructive eviction, which
(344) Recognizing constructive eviction as cognizable
constructive eviction only protects one's legal physical
perhaps not amounting to constructive eviction, would constitute
amount to constructive eviction. A rule allowing post-acquisition claims
establish a claim for constructive eviction, a tenant need not move out
post-acquisition claims, ranging from constructive eviction to basic
because it was analogous to constructive eviction and a discriminatory
constructive eviction relates to the narrower conception of housing
"When a tenant asserts a partial or total constructive eviction as a defense to the non-payment or rent, the tenant's refusal to pay rent constitutes an election of remedies, and the tenant has no claim for damages.
"By refusing to pay rent, asserting constructive eviction first as a defense in the summary proceeding, and persisting in that posture on the cross-motion for summary judgment in that proceeding, the tenant has elected its remedy and waived its alternative claim for damages for the constructive eviction."
"Alleged interference by an overlandlord with a sub-tenant's possession does not support an allegation of constructive eviction in defense of an action by the sublessor (Jones & Brindisi v.

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