Can a Holdover Tenant Claim Constructive Eviction?
The tenant’s right of quiet enjoyment lasts for as long as the lease remains in effect. If the landlord does something to interfere with that right, the tenant is entitled to vacate and stop paying rent on the grounds of constructive eviction. But what happens when the original lease expires and the tenant holds over? Does the tenant’s right of quiet enjoyment end with the lease or continue through the holdover? Stated differently, can a tenant use constructive eviction as a defense for not paying rent during the holdover period?