Question

A) Define Retaliatory Eviction. Give an example.

B) Define Constructive Eviction. Give an example.

Answer 1

Answer

A.Retaliatory Eviction.

A retaliatory eviction occurs when a landlord attempts to evict a tenant after the tenant has taken an action that bothers the landlord in some way.

The tenant may have complained about maintenance issues or even attempted to organize the other tenants on the property. Even though the tenant was within their legal right, the landlord did not like what the tenant did, so the landlord files an eviction in retaliation for the tenant’s behavior. This is a retaliatory eviction.

A retaliatory eviction occurs when a landlord responds to something that is within a tenant’s legal right by filing to evict the tenant. Examples include:

• A tenant complains too often- The tenant complains that it does not get warm enough in their apartment in the winter. The landlord files to evict the tenant so he or she does not have to deal with fixing the heat.
• A tenant calls the health department- The tenant complains to the health department about mold in the bathroom. The landlord files for an eviction because he is angry that the tenant called the health department.

• A tenant calls the building department- The tenant calls the building department to complain about a faulty banister on the stairs. The landlord files for an eviction because he is angry that the tenant called the building department.
• A tenant withholds rent until an issue is fixed- The landlord is angry that the tenant is withholding rent. The landlord files for an eviction.

B.Constructive Eviction

Constructive eviction is a term used in the law of real property to describe a circumstance in which a landlord either does something or fails to do something that he has a legal duty to provide (e.g. the landlord refuses to provide heat or water to the apartment), rendering the property uninhabitable. A tenant who is constructively evicted may terminate the lease and seek damages.

To maintain an action for damages, the tenant must show that:

• the uninhabitable conditions (substantial interferences) were a result of the landlord's actions (not the actions of some third party) and
• that the tenant vacated the premises in a reasonable time.

A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.

Common examples of a possible constructive eviction where the conditions are so bad that the tenant leaves the rental include:

• shutting off the utilities;
• refusing to clean up an environmental hazard;
• blocking the entrance to a unit;
• refusing to fix a leaky roof, causing damage to walls;
• removing toilets or sinks;