What does ‘constructive eviction’ mean?

Asked on October 15, 2017 under Real Estate Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Basically, constructive eviction describes a circumstance in which a landlord either does or fails to do something that they have a legal duty to provide (e.g. refuses to provide water to the apartment), which then renders the rental unit uninlivable which breaches the covenant of habitiablity (which is an inferred promise made by the landlord in every lease).

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