Dictionary of Real Estate Terms: constructive eviction
constructive eviction
the legal term describing a situation in which a lessor's breach of a lease contract causes the lessee (tenant) to cancel the contract and vacate.
Example: Evelyn's landlord keeps coming into her apartment unannounced, in violation of the lease, which requires 24-hour notice. Eventually Evelyn vacates and refuses to pay rent any further, claiming constructive eviction, in that the landlord's instrusions violated the lease and her right of quiet enjoyment.
