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.
- Constructive Trust - Mistake, Undue Influence, Or Duress, Fraudulent Misrepresentation Or Concealment, Property Obtained By Homicide
- Constructive Desertion
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