Constructive eviction is a term used in the law of real estate to describe a circumstance in which a landlord is deemed to have evicted a tenant by making conditions on the property so bad that the tenant can not continue living there. A tenant who suffers from a constuctive eviction can claim all of the legal remedies available to a tenant who was actually told to leave. Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ... A landlord is the owner of a house, apartment, condominium, or land which is rented or leased to an individual or business, who is called the tenant. ... A tenant (from the Latin tenere, to hold), in legal contexts, holds real property by some form of title from a landlord. ...
The 10 yr SOL prevented a suit on the present covenants, so the Browns sued the Bosts' executors (because the Bosts had died) seeking $4K in damages for breach of the covenant of quiet enjoyment.
Constructiveeviction is the inability of a purchaser to obtain possession because of paramount outstanding title; such an eviction usually constitutes a breach of the covenants of warranty and quiet enjoyment.
The mere fact that the PL had to modify its K with the coal company was not enough to constitute the constructiveeviction necessary for a breach of the covenant of enjoyment.
A constructiveeviction occurs, therefore, through acts attributable to the landlord, by which a tenant is substantially deprived of the beneficial enjoyment of the leased premises.
In addition to constructiveeviction claims arising as a result of the tenant's inability to occupy any portion of the leased premises, tenants have also been successful in establishing a constructiveeviction where only a portion of the leased premises was rendered untenantable.
It is not difficult to envision a constructiveeviction claim by the tenant based on the landlord's failure to vent the building sufficiently to eliminate or reduce radon contamination or on the landlord's failure to locate the building away from, or to provide adequate shielding from, electromagnetic field sources.
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