Put Three Protections in Lease to Prevent Constructive Eviction Claims
“Constructive eviction” happens when a landlord commits a lease violation so egregious that it effectively forces the tenant out. Result: The tenant is free of all obligations and, in many cases, entitled to damages. And while constructive eviction cases used to be somewhat rare, recent rulings in favor of tenants have fueled a resurgence of new claims. Bottom Line: You need to be on guard against constructive eviction liability risks. Here’s what you need to know and do to protect yourself.