Legal term
Constructive eviction
Answer: Constructive eviction. When a landlord’s substantial interference breaches the implied covenant of quiet enjoyment, the tenant who gives notice and then vacates within a reasonable time may treat it as an eviction in fact and is excused from further rent; jurisdictions vary on partial forms and exact notice/timing requirements. ([law.cornell.edu](https://www.law.cornell.edu/wex/constructive_eviction?utm_source=openai))
Rule to remember
Constructive eviction is a landlord-tenant doctrine based on breach of the implied covenant of quiet enjoyment. If the landlord’s substantial interference persists after notice and the tenant vacates within a reasonable time, the law treats the situation as an eviction in fact and relieves the tenant of rent. ([law.cornell.edu](https://www.law.cornell.edu/wex/constructive_eviction?utm_source=openai))
Key elements and checks
- Landlord substantially interferes with tenant’s use and enjoyment by action or failure to act.
- Tenant gives the landlord notice and opportunity to cure.
- Landlord fails to remedy the problem.
- Tenant vacates the premises within a reasonable time after the failure to cure.
- Remedy: excuses the duty to pay rent and serves as a defense to a rent action.
- Doctrinal basis: breach of the implied covenant of quiet enjoyment.
In the source’s words
“The doctrine of constructive eviction is based on a breach of the implied covenant of quiet enjoyment.”
Constructive eviction | Wex | LII
“The tenant vacates the premises in a reasonable amount of time after the landlord fails to resolve the problem.”
Constructive eviction | Wex | LII
Meaningful state variation exists. Many jurisdictions require abandonment to claim this doctrine; some recognize partial forms. By contrast, the implied warranty of habitability can allow staying in possession with rent withholding or abatement, depending on state law. ([law.cornell.edu](https://www.law.cornell.edu/wex/constructive_eviction?utm_source=openai))