Constructive Eviction
Rule
A landlord who substantially and materially interferes with a tenant’s beneficial enjoyment of the premises, in breach of the implied covenant of quiet enjoyment, constructively evicts the tenant. The tenant may vacate the premises, cease paying rent, and sue for damages.
Elements
- Substantial deprivation — landlord’s acts (or failures to act) materially deprive tenant of the benefit bargained for
- Breach of implied covenant of quiet enjoyment — landlord’s conduct renders the premises unsuitable for the purpose for which they were leased
- Tenant vacates within reasonable time — tenant must actually leave; if tenant remains, the remedy is damages for partial eviction or rent abatement
Actual vs. Constructive Eviction
- Actual eviction: landlord physically removes tenant or bars access to all or part of the premises; extinguishes rent obligation entirely
- Partial actual eviction: removal from a portion of the premises; may extinguish all rent (CL) or reduce it proportionally
- Constructive eviction: uninhabitable conditions amount to a de facto eviction
Effect on Rent
- Constructive eviction extinguishes the tenant’s obligation to pay rent during the period of landlord’s breach
- Temporary or permanent abatement of rent available
- Consider the purpose of the lease and whether that purpose is frustrated
Tenant’s Options
- Leave within reasonable time and stop paying rent (constructive eviction)
- Stay and seek damages (does not require departure)
- Seek injunction
Policy
- Protects tenant’s reasonable expectations in the leasehold
- Prevents landlords from rendering premises uninhabitable and then suing for rent
- Balances against tenant’s duty not to commit waste
Key Cases
- Village Commons LLC v. MCPO — massive water damage and mold; actual eviction from war room; constructive eviction from remainder; exclusive remedy clause does not bar tenant’s right to vacate