Under what condition can a tenant claim constructive eviction?

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A tenant can claim constructive eviction when the premises become substantially unusable due to conditions caused by the landlord’s actions or inactions. This legal concept allows a tenant to vacate the property without being liable for further rent if the living conditions have deteriorated to a point where they cannot reasonably continue to live there. It is essential for the tenant to demonstrate that these conditions were severe enough to make the property uninhabitable.

In situations where the landlord fails to maintain essential aspects of the property or seriously breaches the lease agreement, such as allowing the property to fall into disrepair, the tenant may have grounds for claiming constructive eviction. This might include lack of heat, water, or other utilities, making the space uninhabitable. Notably, the responsibility lies with the landlord to ensure that the leased premises are maintained in a condition that allows them to be lawfully used.

The other scenarios do not typically fall under constructive eviction. Non-payment of rent generally leads to lease termination but does not provide grounds for claiming constructive eviction. An unexpected lease termination does not result from physical uninhabitability. Lastly, while failure to provide utilities might lead to a constructive eviction claim, it is a specific example under the broader context where the premises are deemed unus

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