Landlord Tenant Constructive Eviction Law and Legal Definition

Constructive eviction is when the landlord does not go through a legal eviction of a tenant but takes actions which make the premises uninhabitable or prevents the tenant from continuing to live in the premises. This could include changing the locks, turning off the drinking water, blocking the driveway, harassing the tenant all the time or otherwise blocking access to the premises.

To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement.