National Real Estate Practice Exam

A common misconception about constructive eviction is that a tenant must show clear evidence of problems in order to claim it. Constructive eviction occurs when a landlord's actions or negligence make the rented property uninhabitable, effectively forcing the tenant to leave. This can arise from serious issues such as lack of heat, water, or essential repairs that the landlord fails to address.

It is important to note that while a tenant may need to document issues to support their claim or for legal purposes, they are not necessarily required to have overwhelming evidence at all times to argue that they have been constructively evicted. The essence of constructive eviction is based on the landlord's failure to provide a livable environment rather than on strict criteria requiring detailed evidence of problems. Thus, the understanding of constructive eviction should be more about the conditions creating it rather than the burden of proof placed on the tenant.