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Constructive Eviction

landlord tenant possession premises

The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.

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.

CROSS-REFERENCES

Landlord and Tenant.

Constructive Trust - Mistake, Undue Influence, Or Duress, Fraudulent Misrepresentation Or Concealment, Property Obtained By Homicide [next] [back] Constructive Desertion

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