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Constructive eviction is a term used in real property law to describe a situation in which a landlord does something or fails to do something he or she has a legal obligation to give (eg the building owner refuses to provide heat or water to the apartment ), making the property uninhabitable. A tenant who is constructively expelled can terminate the lease and seek redress.
To defend the act of damages, the lessee must indicate that:
- uninhabited conditions (substantial disturbance) are the result of the actions of the owner (not the actions of the third party) and
- that the tenant vacated the place in reasonable time.
A tenant who suffers from constructive expulsion can claim all legal solutions available to tenants who are actually told to leave.
Video Constructive eviction
See also
- Implied warranty of eligibility
Source of the article : Wikipedia
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