What constitutes a constructive eviction by a landlord?

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A constructive eviction occurs when a landlord's actions significantly impair the tenant's ability to use and enjoy the leased premises, effectively forcing the tenant to vacate. Making the premises unfit for use is a clear example of this, as it directly affects the tenant's right to a habitable living or working environment.

When a landlord fails to maintain the property or performs actions that create an unsafe or unlivable situation—such as severe plumbing issues, lack of heat, or exposure to harmful conditions—they have breached their duty to provide a habitable environment. This breach enables the tenant to claim that they have been constructively evicted since they can no longer suitably inhabit the property.

In contrast, failing to provide amenities, increasing the rent without notice, or terminating the lease agreement may not independently rise to the level of making the premises unfit for use. While these actions might be viewed as unfair or improper, they don't necessarily lead to a tenant being unable to use the property effectively, which is the crux of the concept of constructive eviction.

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