ABA Family Legal Guide

Renting Residential Property

Maintaining Rental Property

Lease Termination for Code Violations

What is constructive eviction?

Constructive eviction means the property is in such poor condition that the tenant really cannot live there. For example, there is no water, no electricity, no heat, or a seriously leaking roof in danger of collapse.

The tenant has to serve notice on the landlord of the conditions, but there is usually not a minimum time period before the tenant can vacate. The tenant must actually move out in order to argue constructive eviction. If constructive eviction applies, the tenant will not be responsible for paying the rent.