Constructive eviction is a term used in the

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

real property In English common law, real property, real estate, immovable property or, solely in the US and Canada, realty, is land which is the property of some person and all structures (also called improvements or fixtures) integrated with or affixe ...

to describe when a

landlord A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant (also a ''lessee'' or ''renter''). When a juristic person is in this position, the ...

sidesteps the formal, legal

eviction Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage ...

process, and instead attempts to force the eviction of the

tenant Tenant may refer to: Real estate *Tenant, the holder of a leasehold estate in real estate *Tenant-in-chief, in feudal land law *Tenement (law), the holder of a legal interest in real estate *Tenant farmer *Anchor tenant, one of the larger stores ...

by rendering the property uninhabitable (e.g. changing the locks, or deliberately cutting off the heat/water supply to the property). A tenant who is constructively evicted may terminate the lease and seek

damages At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at ...

. Three conditions must be met for a circumstance to qualify as constructive eviction: *A landlord must substantially interfere with a tenant's use and enjoyment of a rental property through either his actions, or his inaction regarding problems. *A landlord fails to respond or resolve any problems that the tenant has reported to the landlord. *The tenant leaves the premises within a reasonable amount of time after a landlord's failure to resolve a problem. A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.

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