Landlord and Tenant: Constructive Eviction

The lesson in landlord-tenant law addresses the doctrine of constructive eviction. It is assumed that you have a good understanding of the covenant of quiet enjoyment, which is a predicate for the doctrine of constructive eviction. Before doing this lesson, you should study the separate lesson named "Landlord and Tenant: Quiet Enjoyment," unless you are sure that you have a firm grip on the covenant of quiet enjoyment, actual evictions, and remedies for breach of quiet enjoyment.

Learning Outcomes

On completion of the lesson, the student will be able to:

1. Define constructive eviction.
2. State the elements of constructive eviction.
3. Identify behaviors that would constitute an interference for purposes of constructive eviction.
4. Explain when interference becomes substantial.
5. Assess the role of abandonment with respect to constructive eviction.
6. Evaluate the concept of partial constructive eviction.