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Lease dictionary

Constructive eviction

When conditions get so bad the law treats it as if the landlord evicted you.

Constructive eviction happens when a landlord makes the home unlivable - no heat all winter, sewage backups ignored for months, harassment - and you move out because of it. The law treats it like an eviction, which can end your obligation to pay rent going forward.

The bar is high: the problem must be serious, the landlord must have been notified and given time to fix it, and you generally must actually move out within a reasonable time.

Watch out

Document everything before you leave - dated photos, written complaints, replies. Leaving without a paper trail can turn constructive eviction into 'tenant broke the lease.'

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