constructive eviction – a landlord’s act of making premises unfit for occupancy, often with the result that the tenant is compelled to leave

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constructive eviction:
(1826)

1. A landlord’s act of making premises unfit for occupancy, often with the result that the tenant is compelled to leave.

2. The inability of a land purchaser to obtain possession because of paramount outstanding title.  *  Such an eviction usually constitutes a breach of the covenants of warranty and quiet enjoyment. [1]

1. As a breach of a covenant of title: — a yielding by a grantee to the hostile assertion of an adverse paramount title. 20 Am J2d Cov § 101.

Any disturbance of a tenant’s possession by the landlord, or someone acting under his authority, or an omission by the landlord to act or perform where it is his duty to act or perform, which renders the premises unfit for occupancy for the purposes for which they were demised for which deprives the tenant of the beneficial enjoyment of the premises, causing him to abandon them, amounts to a “constructive eviction,” provided the tenant abandons the premises within a reasonable time. 32 Am J1st L & T §§ 246-248. [2]

1. Interference by the landlord that renders the leased premises unfit for occupancy by the tenant or that deprives the tenant of the full use or enjoyment of the premises, causing him to abandon them. [3]

References:

Disclaimer: All material throughout this website is compiled in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]: Ballantine’s Law Dictionary with Pronunciations Third Edition by James A. Ballantine (James Arthur 1871-1949).  Edited by William S. Anderson.  © 1969 by THE LAWYER’S CO-OPERATIVE PUBLISHING COMPANY.  Library of Congress Catalog Card No. 68-30931

[3]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

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