Constructive Eviction-POLITICS

Constructive Eviction

Constructive eviction law helps relieve a tenant from paying rent to the landlord, only if the rental property is in an uninhabitable condition. Let us have a look at the constructive eviction elements that will help you understand this law better...

When one takes a residential property on lease or rent, it is expected the place will be in a livable condition. The tenant is legally obliged to pay rent to the landlord as agreed upon. But, what if the living conditions are absolutely uninhabitable? There are many issues that should be answered or taken care of by the landlord like providing electricity, water, leaking roof, repairing a wall that may collapse, etc. However, when these things are not taken care of by the landlord, then the tenant has only one option, the constructive eviction law to seek help from. Let us learn what is constructive eviction law. Read more on rental properties.

What is Constructive Eviction Law?
When a person takes a property on rent, it is quite natural that the tenant will expect no interference from the landlord. They can reside in the apartment without any disturbances or harassment from the landlord or anyone else. The landlord is not supposed to enter the residence without the permission of the tenant. It is also means that the landlord will respect all the implied warranty of habitability. This means, the landlord needs to maintain and repair all the necessary problems in the residence within a specific period of time. This includes maintaining the plumbing, provision of unbroken doors and windows, electricity, gas, hot and cold water, sewage disposal and all the other necessities that make a place hospitable. You can read more on landlord responsibilities.

However, when the landlord breaches the warranty of habitability, then the tenant has an option of constructive eviction. The property becomes so inhabitable, that the tenant is force to move out before the end of the lease period. This means the landlord used illegal tactics to evict the tenant from the property. This is called as constructive eviction. The landlord may use unethical means or harass the tenant in any way, such that the tenant has no choice but to evict the place. When something like this happens, the tenant may move out of the residence and refuse to pay the remaining rent according to the lease contract under the constructive eviction law.

Constructive Eviction Law Elements
In order to prove that the landlord has failed to do something that comes under his legal duty or has caused harassment to the tenant, one needs to prove the constructive eviction elements. These constructive eviction elements will help show that the residential property turned uninhabitable. These elements are as follows:

• The uninhabitable conditions and interferences occurred were due to the landlord's action and not by some third party elements.
• The tenant had vacated premises within a reasonable time before filling a claim of constructive eviction.
• Not providing 24 hour notice before the landlord forcefully entered the tenant's apartment.
• Documentation is the most important constructive eviction elements.

These elements can be explained using the following example. Suppose a tenant enters into a 6 year contract with the landlord for a one bedroom apartment. For the first 8 months all's well with the building and the landlord. Suddenly, the lights in the passage stop working. After a few days, the sewers get clogged. The tenant sends repeated written as well as telephonic requests to the landlord to get these things fixed. Nothing is done and the lift stops working. The tenant lives right on the 10th floor and has to walk up and down the stairs. All the other tenants continue to complain but to no avail. The water supply is cut off and the central air conditioner stops functioning. This leaves the tenants high and dry. They have no choice but to move out. They come to know that the landlord wants to give up the entire building on lease to a software company on a higher rent. Thus, the tenants move out after enduring for more than 6 months and sue the landlord with constructive eviction. You can read more on eviction notice.

Before the tenants leave they take photographs, and even video footage to prove it to the judge or mediator about the uninhabitable conditions they were forced to live in. They can prove that even after sending repeated requests, the landlord did nothing within 30 days of receiving complaints. These tenants are supposed to send him a constructive eviction letter that informs him of their departure and demands for the return of the security deposit. The constructive eviction letter is a written notice that provides the landlord with sufficient time to cover up the defects faced by the tenants. This was all about what is constructive eviction. You should seek legal advice if you are facing similar harassment by a landlord. You may receive some compensation under the constructive eviction law as mentioned in the above paragraphs.