Constructive eviction occurs when which statement is true?

• A. Constructive eviction occurs when the landlord's breach makes the premises uninhabitable, forcing the tenant to leave.
• B. Actual eviction.
• C. A landlord's routine entry does not constitute eviction.
• D. Constructive eviction cannot be claimed.

Answer: (A)

Constructive eviction is about a landlord’s serious breach that deprives the tenant of the right to occupy the property. When the landlord’s failure to maintain the premises makes it uninhabitable or so drastically interferes with the tenant’s use and enjoyment that living there is no longer tenable, the tenant is typically allowed to move out and treat the lease as terminated. The key point is that the breach comes from the landlord and it effectively ends the tenancy without a physical eviction by the landlord.

This is different from actual eviction, where the landlord physically ejects the tenant or bars occupancy. Routine visits or entries by the landlord do not constitute eviction because they don’t take away the tenant’s occupancy of the space. And it’s not correct to say constructive eviction cannot be claimed—the claim arises only when a serious landlord breach renders the premises uninhabitable, triggering the tenant’s right to leave.

A practical example would be a chronic, unresolved leak or lack of heat that makes the dwelling unsafe or unusable; once the tenant leaves, the lease is considered terminated under the doctrine of constructive eviction.