In what scenario would a constructive eviction occur?

Constructive eviction occurs when a landlord fails to provide a tenant with a livable environment, essentially making the premises uninhabitable. In this scenario, if a tenant is forced to leave due to uninhabitable living conditions, they may argue that their landlord's failure to maintain the property has effectively evicted them, even though they were not formally removed by legal action.

This situation hinges on the landlord's responsibility to maintain the property in a condition that is safe and livable. When necessary repairs are ignored, or essential services (like heat or water) are not provided, the tenant has the right to leave the premises, as the landlord has breached their duty. The tenant can then pursue legal remedies and claim constructive eviction, which allows them to terminate the lease without further obligations and may even allow them to seek damages.

In contrast, situations where a tenant is evicted for non-payment of rent or breaks lease terms do not constitute constructive eviction. Additionally, a tenant moving for personal reasons does not reflect any violation of the landlord's responsibilities, thus wouldn't qualify as constructive eviction either.