All of the following actions constitute constructive eviction under a lease, except:
Question & Answer
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The owner fails to make necessary repairs to the property.
The owner makes extensive and unnecessary changes to the building, making it no longer usable for its original purpose.
This constitutes constructive eviction because extensive, unnecessary changes that make the property unusable for its original purpose create conditions that force the tenant to leave, which meets the definition of constructive eviction.
The owner shows the property to a new prospective tenant and enters into lease negotiations with the new tenant.
This can constitute constructive eviction if the owner's actions significantly interfere with the tenant's use and enjoyment of the property, effectively making it impossible for the tenant to continue occupying the premises.
The owner evicts the tenant after proper service of a Three-day Notice to Quit.
This is actual eviction, not constructive eviction. Constructive eviction occurs when conditions force the tenant to leave, while actual eviction is when the landlord takes legal action to remove the tenant.
Why is this correct?
Option A is correct because while failure to make necessary repairs may violate the implied warranty of habitability, it doesn't automatically constitute constructive eviction unless it renders the property completely uninhabitable. Constructive eviction requires the tenant to actually vacate the premises due to the conditions.
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