- Find Attorney
Beneficial enjoyment means the possession and enjoyment of the benefit of the property without any legal title over the property. The privity of estate which induces personal liability, is the actual or beneficial enjoyment of the premises, or the right of possession and enjoyment. When there is neither, no personal liability can arise. It is to be noted that not every deprivation of the beneficial enjoyment of the premises necessarily amounts to a constructive eviction. For a constructive eviction it is necessary that the landlord, by some intentional act or omission, materially and permanently interfere with the beneficial enjoyment or use of the demised premises or a material part thereof, and that, in consequence of such act or omission, the tenant must abandon the premises within a reasonable time.