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CONSTRUCTIVE EVICTION

What is "constructive eviction?"

Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted."

To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement. In most cases, the tenant must physically move out of the property and then sue for damages, termination of the lease, etc.

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"But now God has shown us a different way to heaven - not by "being good enough" and trying to keep his laws, but by a new way (though not new, really, for the Scriptures told about it long ago). Now God says he will accept and acquit us - declare us "not guilty" - if we trust Jesus Christ to take away our sins. And we all can be saved in this same way, by coming to Christ, no matter who we are or what we have been like. Yes, all have sinned; all fall short of God's glorious ideal; yet now God declares us "not guilty" of offending him if we trust in Jesus Christ, who in his kindness freely takes away our sins." Romans 3:21-24 Living Bible
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