Constructive Eviction

Constructive eviction occurs when you have to move out of your rental apartment unit or house due to the landlords failure to do something that makes the apartment/home inhabitable. You can terminate your lease and seek damages.

For example, constructive eviction can occur when there are loud neighbors above you, loud music, kids running in a unit above you or when you have bugs or other damages in the home. The list goes on. You do not have to tolerate noise or other conditions rendering where you live inhabitable.

Landlords won’t tell you your rights and nobody else. It’s up to you to study laws and educate yourself.

Landlords will tell you that you’ll have to pay to break your lease. If you had no reason to break your lease you may have to pay. However, under constructive eviction you will not have to pay rent if you cannot live in peace. Tell your landlord about the problem. If they do not fix it or if what they do does not cure the problem, you have the right to leave without paying anything past the month you lived there.

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