National Real Estate Practice Exam

For a tenant to legally claim constructive eviction, it is essential that there are prolonged issues that remain unresolved, thereby making the property uninhabitable or failing to meet basic living conditions. Constructive eviction occurs when a landlord does not fulfill their duty to maintain the premises, forcing the tenant to leave the property because it is not fit for occupancy. This can involve issues like serious maintenance problems, lack of essential services (such as heat or water), or other significant breaches of the lease agreement that impede the tenant's ability to enjoy the property.

While having a lease agreement in place is common and can support a claim, the core of constructive eviction revolves around the unresolved issues that persist over time. Similarly, immediate notification of issues is important for the tenant to inform the landlord, but the absence of resolution over a prolonged period is what can solidify the claim of constructive eviction. A verbal agreement with the landlord might also play a role in landlord-tenant relationships, but it is not a requirement for claiming constructive eviction. Thus, the focus is primarily on the landlord's failure to address ongoing issues that affect the tenant's right to use the rental property.