In real estate law, what does "constructive eviction" refer to?

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Constructive eviction refers to a situation where a tenant is effectively forced to leave a rental property due to the landlord's failure to maintain the premises in a habitable condition. This concept is grounded in the principle that landlords have a duty to provide a livable environment, which includes essential repairs and maintenance that are necessary for the tenant's enjoyment and use of the property.

When a landlord neglects these obligations—such as failing to address serious issues like leaks, plumbing problems, or pest infestations—the conditions may become so intolerable that the tenant feels they have no choice but to vacate the premises. By proving constructive eviction, a tenant can potentially seek remedies such as breaking the lease without penalty or pursuing damages.

While other choices might involve aspects of tenancy and lease agreements, they do not capture the essence of constructive eviction, which specifically involves the landlord's failure to maintain habitability impacting the tenant's right to quiet enjoyment of the property.

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