What is the principle of “constructive eviction”?

The principle of “constructive eviction” occurs when a landlord fails to maintain habitable conditions, which essentially deprives the tenant of the use and enjoyment of the property. In this context, the tenant may feel that the living conditions have become so intolerable due to the landlord's neglect, such as failing to provide necessary repairs for sanitation, heating, or other essential services, that they have no choice but to leave the premises.

This principle serves as a protection for tenants, ensuring that they have the right to reside in a property that meets basic living standards. If a tenant can demonstrate that the landlord's failure to maintain these standards constitutes a breach of the rental agreement's implied warranty of habitability, they may have grounds for claiming constructive eviction. This is particularly important because it acknowledges that a tenant shouldn't have to endure an environment that violates health and safety codes.

In contrast, actions such as tenants failing to pay rent or being evicted for non-compliance do not relate to constructive eviction, as they involve tenant behavior rather than landlord responsibility. Similarly, excessive maintenance by a landlord does not contribute to the definition of constructive eviction; in fact, it would likely enhance the property's habitability rather than detract from it.