leasing

constructive eviction

A situation where a landlord's actions or failure to act make a rental property unfit for its intended use, so that the tenant is effectively forced out. If the conditions are serious and the tenant gives notice and actually moves out within a reasonable time, the tenant may be released from further rent obligations. Requirements vary by state.

Exam tip: The tenant must generally leave the property to claim constructive eviction. Actual eviction is the landlord physically removing the tenant through legal process.
Example: A landlord refuses for weeks to restore heat during winter; the tenant notifies him in writing, moves out, and claims constructive eviction.

1. A residential tenant's heat fails in winter, and the landlord ignores repeated written requests for weeks. The tenant wants to claim constructive eviction. What must the tenant generally do?

Answer & explanation

Answer: C. Constructive eviction occurs when a landlord's failure makes the premises unfit, but the tenant must leave within a reasonable time to claim it and stop owing rent. Withholding rent while staying relies on separate remedies like the implied warranty of habitability or local rent escrow laws, which vary by state.

Related terms & state variants

actual eviction habitability lease quiet enjoyment

Sources

Source verification pending. Confirm current requirements with your state regulator.

Last verified: 2026-10-23