What constitutes grounds for constructive eviction?

UPDATED: Sep 2, 2012

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What constitutes grounds for constructive eviction?

My apartment is suffering an infestation of bedbugs. I notified the apartment management as soon as I became aware of the issue and they sent out an exterminator. After the mitigation treatment, there are still live bedbugs in my unit and I continue to find new bite marks after just a few hours spent in the apartment. I have been unable to sleep in my apartment due to the fact that I am constantly worried about the presence of the bugs and have not stayed a full night in my home in over a week and a half. I have notified the complex again, and have stated that I intend to quit the lease within 5 days if the situation is not adequately resolved, pursuant to state law. Does this constitute grounds for a constructive eviction?

Asked on September 2, 2012 under Real Estate Law, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Constructive eviction under the laws of all states in this country is when the landlord does certain conduct or refuses to do certain conduct essentially forcing the tenant to leave the rental on his or her own volition. Examples would be where the landlord shuts off the water for a rental on purpose or refuses to repair a gas stove that is leaking fumes.

Your situation does not yet amount to a situation for a claim of constructive eviction. However, you might wish to call your local health department for an inspection of the rental. If the health department cites the landlord, he or she will be required to remedy the situation soon or be subject to an administrative hearing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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