Constructive eviction
 | This article needs more citations. (September 2021) |
| Part of a series on |
| Property law |
|---|
 |
| Types of property |
| Acquisition of title |
| Estates in land |
| Concurrent ownership |
| Conveyancing & registration |
| Future use control |
| Nonpossessory interests |
| Equity and Trusts |
| Indigenous land rights |
| Related topics |
Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises.[1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment.
Three conditions must be met for a circumstance to qualify as constructive eviction:[2]
- Wrongful conduct by the landlord
- that substantially interfered with a tenant's use and enjoyment of a rental property[3]
If a tenant is sued by their landlord because the tenant abandoned the property or failed to pay rent, the tenant can use constructive eviction as a defense. If used successfully, this defense protects the tenant from being held liable to the landlord for damages.
See also
References
- ^ Nochumson, Alan (2021-12-10). "What is Constructive Eviction?". Nochumson P.C. Retrieved 2023-07-27.
- ^ "Constructive Eviction". Legal Information Institute. Cornell Law School. Retrieved 8 September 2021.
- ^ Sprankling, John (2021). Property: A Contemporary Approach (Fifth ed.). West Academic. pp. 441–442.
External links
Content Disclaimer
Informasi ini disarikan dari Wikipedia dan disajikan kembali untuk tujuan edukasi. Konten tersedia di bawah lisensi CC BY-SA 3.0. Kami tidak bertanggung jawab atas ketidakakuratan data yang bersumber dari kontribusi publik tersebut.
- The information displayed on this website is sourced in part or in whole from Wikipedia and has been adapted for the purpose of restating it. We strive to provide accurate and relevant information, however:
- There is no guarantee of absolute accuracy. Wikipedia is an open, collaborative project that can be edited by anyone, so information is subject to change.
- It is not intended to constitute professional advice. The content displayed is for informational and educational purposes only. For important decisions (e.g., medical, legal, or financial), please consult a professional.
- Content copyright. Wikipedia is licensed under the Creative Commons Attribution-ShareAlike License (CC BY-SA). This means that content may be reused with appropriate attribution and shared under a similar license.
- Responsible use. Any risk arising from the use of information from this website is entirely the responsibility of the user.