Constructive Evictions

There is another kind of eviction from the one where the landlord begins eviction proceedings against you because you have failed to pay the rent or broken your lease agreement in some other way.  A constructive eviction is one in which something occurs that makes it impossible for you to remain in the property (this does not include an inability to pay the rent because you lose your job or have to go stay with your dying mother).

If through no fault of your own your apartment or house becomes uninhabitable and you are forced to move to protect your safety and health, this is a constructive eviction.  You will have a better leg to stand on if you have complained to the landlord and nothing has been done to correct the situation.  For example, if you have health-damaging mold and mildew growing in the basement and the landlord has done nothing to cure the problem despite your repeated complaints or if the furnace breaks, the landlord does not repair it and you as a result have no heat during the winter, then you have grounds for a constructive eviction because your health and safety are endangered and the landlord has done nothing to correct the problem.  You can leave the property and not be responsible for the remaining rent.  You can also sue your landlord for damages you suffer from the constructive eviction.

Of course, the landlord will dispute all this, so you want to document the problem with photographs and eye-witness accounts and keep records of your complaints to the landlord.   Check with an attorney prior to moving out to ensure you are on solid legal footing.   Check here for general information about tenants' rights.

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