The Real Estate Encyclopedia & Blog

Constructive Eviction

by | Jan 21, 2026

In landlord-tenant law, constructive eviction occurs when a landlord’s actions or failure to act substantially interfere with a tenant’s right to quiet enjoyment of the leased premises, effectively forcing the tenant to vacate even though no formal eviction has taken place. This typically results from serious conditions or conduct, such as shutting off essential services like water, heat, or electricity, or failing to repair hazardous conditions. To claim constructive eviction, the interference must be significant and the tenant must usually vacate the property within a reasonable time. Constructive eviction is considered a breach of the covenant of quiet enjoyment and may relieve the tenant of the obligation to continue paying rent.