Constructive Eviction

What it means

Constructive eviction is when the landlord's actions — or failure to act — make the apartment so unlivable that the tenant has no choice but to move out. Even though the landlord did not file an eviction case, the law treats it as if the landlord forced the tenant out. If constructive eviction is proven, the tenant can break the lease without penalty and may be entitled to damages. The tenant must show that the conditions were serious, the landlord knew about them, and the landlord did not fix them in a reasonable time.

When you might hear this

This comes up when an apartment becomes so bad that the tenant has to leave — no heat in winter, flooding, toxic mold, no running water, or other conditions that make the place unlivable. The landlord did not formally evict the tenant, but the conditions forced them out.

What to ask