constructive eviction


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 the tenant's possession by the landlord whereby the premises are rendered unfit or unsuitable for occupancy in whole or in substantial part for the purposes for which they were leased amounts to a constructive eviction, if the tenant so elects and surrenders his possession. For example, if a tenant vacates the rental property because of the absence of heat or water, he has been constructively evicted. As the term is used with reference to breach of the covenants of warranty and of quiet enjoyment, it means the inability of the purchaser to obtain possession by reason of a paramount outstanding title

Black's law dictionary. . 1990.

Look at other dictionaries:

  • constructive eviction — see eviction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. constructive eviction …   Law dictionary

  • 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 — 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