Constructive Eviction

By E-Renter Tenant Screening
Posted on January 6, 2009 under Eviction | icon: commentBe the First to Comment

When rental property becomes uninhabitable and the tenant no longer has full use and possession of a rental property, that tenant can claim Constructive Eviction to relieve the obligation to pay rent to the landlord.  A tenant must take several steps to claim Constructive Eviction:

  • The tenant must serve the landlord with a written notice of the construction eviction
  • Tenant must also provide the landlord with a reasonable period of time to correct the situation.
  • If the defects are not corrected within that reasonable period of time, the tenant then may be able to leave the property without being responsible for payment of rent otherwise due under the lease.
  • In most cases, the tenant must physically move out of the property, and then sue for damages, etc.

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