constructive eviction

constructive eviction
constructive eviction see eviction

Merriam-Webster’s Dictionary of Law. . 1996.

constructive eviction
n.
A situation in which a landlord lets living conditions get so bad that a tenant feels compelled to move out.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


constructive eviction
When a landlord provides housing that is so substandard that a landlord has legally evicted the tenant without following state eviction rules and procedures. For example, if the landlord refuses to provide heat or water or refuses to clean up an environmental health hazard, the tenant has the right to move out and stop paying rent, without incurring legal liability for breaking the lease.
Category: Real Estate & Rental Property → Renters' & Tenants' Rights

Nolo’s Plain-English Law Dictionary. . 2009.


constructive eviction
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.

Dictionary from West's Encyclopedia of American Law. 2005.


constructive eviction
The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the purposes for which they were leased, causing the tenant to surrender possession.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

constructive eviction
n.
   when the landlord does not go through a legal eviction of a tenant but takes steps which keep the tenant from continuing to live in the premises. This could include changing the locks, turning off the drinking water, blocking the driveway, yelling at the tenant all the time or nailing the door shut.
   See also: constructive

Law dictionary. . 2013.

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Look at other dictionaries:

  • Constructive eviction — Property law Part of …   Wikipedia

  • constructive eviction — Such arises when landlord, while not actually depriving tenant of possession, has done or suffered some act by which premises are rendered untenantable. Net Realty Holding Trust v. Nelson, 33 Conn.Sup. 22, 358 A.2d 365, 367. Any disturbance of… …   Black's law dictionary

  • constructive eviction — Such arises when landlord, while not actually depriving tenant of possession, has done or suffered some act by which premises are rendered untenantable. Net Realty Holding Trust v. Nelson, 33 Conn.Sup. 22, 358 A.2d 365, 367. Any disturbance of… …   Black's law dictionary

  • constructive eviction — As a breach of a covenant of title: it yielding by the grantee to the hostile assertion of an adverse paramount title. 20 Am J2d Cov § 101. Any disturbance of a tenant s possession by the landlord, or someone acting under his authority, or an… …   Ballentine's law dictionary

  • constructive eviction — noun action by a landlord that compels a tenant to leave the premises (as by rendering the premises unfit for occupancy); no physical expulsion or legal process is involved • Syn: ↑eviction • Derivationally related forms: ↑evict (for: ↑eviction)… …   Useful english dictionary

  • constructive eviction — noun breach of a landlord/tenant relationship that occurs when the landlord does not order the tenant to leave the property, but allows the property occupied by the tenant to fall into such poor condition that it can no longer be lived in …   Wiktionary

  • constructive — con·struc·tive /kən strək tiv/ adj: created by a legal fiction: as a: inferred by a judicial construction or interpretation b: not actual but implied by operation of the law made a constructive entry when he refused to take the opportunity for a… …   Law dictionary

  • eviction — evic·tion /i vik shən/ n: the dispossession of a tenant of leased property by force or esp. by legal process actual eviction: eviction that involves the physical expulsion of a tenant constructive eviction: eviction effected by substantially… …   Law dictionary

  • eviction, retaliatory — n. Expelling the tenant from the property in retaliation for the tenant’s valid complaints about the landlord. See also constructive eviction The Essential Law Dictionary. Sphinx Publishing, An imprint of Sourcebooks, Inc. Amy Hackney Blackwell.… …   Law dictionary

  • eviction — Dispossession by process of law; the act of depriving a person of the possession of land or rental property which he has held or leased. Act of turning a tenant out of possession, either by re entry or legal proceedings, such as an action of… …   Black's law dictionary

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