Constructive eviction arises when a landlord does not actually evict but does something that renders the premises untenantable. This might occur, for example, where a tenant vacates an apartment because a landlord turns off the heat or water.
The term is also used to mean the breach of a COVENANT of WARRANTY and QUIET ENJOYMENT of real property, which prevents a purchaser from obtaining possession of property due to the existence of a paramount claim of title.
User Comments Add a comment…