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Constructive Eviction
Practical Law Glossary Item 1-508-2716 (Approx. 3 pages)
Glossary
Constructive Eviction
When a landlord renders a tenant's leased premises uninhabitable either by:
- Actively doing something.
- Failing to observe a covenant under the lease.
Constructive eviction occurs when the tenant does not have full use and possession of its leased premises in accordance with the terms of its lease. For example, the landlord may cause the constructive eviction of a tenant either by:
- Changing the locks to the leased premises.
- Causing continuous interruption of the elevator service.
- Turning off the utilities serving the leased premises.
Depending on the specific circumstances and requirements of state law, a tenant that is constructively evicted by its landlord may terminate the lease and seek damages.