University of Central Florida (UCF) REE3433 Real Estate Law Practice Exam 2

Constructive eviction occurs when a landlord fails to maintain the property in a way that significantly affects the tenant’s ability to use and enjoy the premises, effectively forcing the tenant to leave. This legal concept arises when the conditions created by a landlord’s neglect or failure to act make the living conditions intolerable. In this scenario, the tenant is not formally evicted through legal proceedings but is effectively compelled to vacate the premises because the property has become uninhabitable or unsuitable for its intended use due to the landlord’s inaction.

This definition underscores the landlord’s responsibility to provide a safe and habitable environment. If the landlord does not uphold these obligations, the tenant may have grounds for a claim of constructive eviction. By understanding this concept, tenants can recognize their rights when faced with significant issues related to property maintenance.