Constructive eviction: What every tenant needs to know

Imagine renting a place that becomes so unlivable—due to your landlord’s actions or inactions—that you feel compelled to leave. This scenario is known as constructive eviction. It is a legal concept that can relieve tenants from their lease obligations when their right to a habitable home is severely compromised.

So, if your landlord fails to maintain the property, you might have grounds for constructive eviction and be able to break your lease agreement without penalty.

In this guide, we’ll explain what constitutes constructive eviction and what steps you can take if your landlord violates a tenant’s rights.

What is constructive eviction?

Constructive eviction occurs when a landlord’s behavior—whether intentional or due to neglect—makes the rental property so uninhabitable that the tenant has no choice but to vacate the premises. 

Unlike a formal eviction, where a landlord legally evicts a tenant through court proceedings, such an eviction is an indirect way a tenant is forced to leave due to unbearable living conditions.

What are the key elements of constructive eviction?

For a situation to constitute constructive eviction, the following must typically apply:

• The landlord fails to maintain the property: This could include refusing to fix severe plumbing issues, failing to provide heat in winter, or ignoring pest infestations.
• The conditions seriously interfere with tenant use and enjoyment: The issues must be severe enough to make daily life intolerable.
• Tenant provides notice and the landlord does not act: The tenant must usually notify the landlord in writing and give them a sufficient time to fix the problem.
• The tenant vacates the premises within a reasonable time to assert a constructive eviction claim: If the tenant stays too long after the issues arise, courts may rule they “accepted” the conditions.

What are the examples of constructive eviction?

Constructive eviction can occur through various landlord actions or inactions, such as:

• Failing to provide or repair essential services such as water supply, heating, plumbing, or electricity.
• Allowing pest infestations to persist.
• Neglecting to address water leaks or mold issues.
• Engaging in harassment or creating a hostile environment by threatening the tenant.
• Illegally entering the apartment without notice.
• Refusing to address safety hazards or code violations. This could include broken locks, structural damage, or toxic exposure (e.g., lead paint).

These issues can significantly interfere with the tenant’s enjoyment of the premises, potentially constituting constructive eviction

How does constructive eviction affect the covenant of quiet enjoyment?

Every lease includes an implied covenant of quiet enjoyment. It means tenants have the right to live peacefully in a rented property without unreasonable disturbances. If a landlord violates this covenant—whether through excessive noise, illegal entry, or failing to make critical repairs—it may interfere with the tenant enough to justify constructive eviction.

What should tenants do if facing eviction?

• Document everything. Take photos, keep repair requests, and save all communication with the landlord.
• Send a formal written notice clearly stating the issues and demand repairs within a reasonable timeframe (usually 14–30 days, depending on state law).
• Consult a tenant rights attorney or a legal aid organization. If the landlord fails to act, a lawyer can help you break the lease or sue for damages. Remember, laws and protections vary by state, and professional guidance can help navigate the complexities of landlord-tenant disputes.
• Withhold rent or repair and deduct (if allowed). Some states permit tenants not to pay rent until repairs are made. Or hire professionals and deduct costs from the rent money.
• Move out if necessary. If conditions remain unlivable, you may be legally justified in leaving without penalty.

Can a landlord sue after a tenant claims constructive eviction?

Yes, some landlords may dispute the claim in court. To protect yourself:

• Prove the landlord knew about the issues (via written notices).
• Show the problems were severe enough to justify leaving.
• Demonstrate you left promptly rather than staying indefinitely.

If successful, you may recover moving costs, security deposits, or even compensation for emotional distress.

Final thoughts

Understanding your rights as a tenant is crucial. If your landlord fails to uphold their responsibilities, leading to conditions that interfere with your enjoyment of the premises, you may have grounds for a constructive eviction claim. Always seek legal advice to ensure your actions are protected under the law.

The bottom line is that no tenant should have to endure unlivable conditions despite paying rent on time.

Written by Ramona Sinha. May 18, 2025

Ramona is the Senior Content Writer for Kukun. This experienced blogger uses simple and succinct words to decipher the complex phenomenon called life. She has written articles covering a broad range of topics, such as real estate, lending and mortgage, finance, business, taxation, home designs, home improvement projects, decor concepts, and more. An avid traveler, she’s a digital nomad at heart and an animal lover from the depth of her soul.