Avoid Seven Traps that Trigger Constructive Eviction Claims
When you sue tenants for not paying rent, there’s a pretty good chance they’ll counter with a “constructive eviction” claim. The argument: We don’t owe you rent because you constructively evicted us. To win the claim, tenants must prove that you did (or omitted to do) something that substantially interfered with their lease right to quiet enjoyment. That’s not easy. Mere inconvenience isn’t enough.