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.