Constructive eviction

Constructive eviction is a legal defense available to a tenant when a landlord has sued for failure to pay or breach of contract. The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive Eviction does not have to be intentional by the landlord, and acts can range from failure to remove pests or fix necessary appliances, to changing locks or creating a hostile environment.

Three conditions must be met for a circumstance to qualify as constructive eviction:[1]

• Wrongful conduct by the landlord
• that substantially interfered with a tenant's use and enjoyment of a rental property[2]

If a tenant is sued by their landlord because the tenant abandoned the property or failed to pay, constructive eviction is the defense used to justify the tenant's behavior. The can protect tenants against paying damages.