The claim requires substantial interference with beneficial use attributable to the landlord, notice and an opportunity to cure, and the tenant vacating within a reasonable time. Remaining in possession generally waives the claim.
It excuses the tenant's remaining obligations.
Alternative Names:
Constructive Eviction Claim, Substantial Interference
Why it Matters?
The vacate requirement is what defeats most constructive eviction claims, since a tenant that continued occupying and paying rent while complaining has not been constructively evicted. That creates a genuine dilemma for a commercial tenant that cannot afford to relocate, which is why partial constructive eviction and rent abatement theories developed in some jurisdictions. Notice and cure opportunity is the other frequently missing element.
Frequently Confused with
Related terms
Frequently asked questions
Why must the tenant vacate?
What is the tenant's dilemma?
