constructive eviction


Also found in: Dictionary, Thesaurus, Legal, Encyclopedia, Wikipedia.

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 ?
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
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.
The conceptual basis for permitting landlords to thus pre-condition the quiet possession covenant is that such a precondition is simply analogous to a parallel principle and potential trap for the unwary tenant - in the doctrine of constructive eviction, the principle of "election of remedies.
305 East 63rd Street Associates, where a commercial tenant (a) filed an answer in an L&T proceeding, defending its refusal to pay rent based on constructive eviction, and (b) then, the next day, filed a Supreme Court action for damages for constructive eviction.
In brief, the requirements for a constructive eviction defense are as follows:
Recently, the strictness of the constructive eviction doctrine has been eased in one respect: the Court has recognized a tenant defense of partial constructive eviction, where a discrete portion of the premises is rendered untenantable, and is vacated by tenant.

Full browser ?