Constructive eviction
When a landlord's failure to fix serious problems makes a rental effectively unlivable, legally freeing the tenant to move out and stop paying rent.
Constructive eviction is what happens when a landlord doesn't physically remove you, but lets conditions get so bad that you have no real choice but to leave. Courts generally require a few things: the landlord did something wrong (or failed a legal duty), that substantially interfered with your use and enjoyment of the home — like prolonged loss of heat, water, or working plumbing, a serious unaddressed leak, or an uncontrolled pest infestation — you gave written notice and a reasonable chance to fix it, and the landlord still didn't, so you moved out within a reasonable time. If your landlord then sues for unpaid rent or for abandoning the lease, constructive eviction is a defense that can clear you of liability. It flows directly from the [implied warranty of habitability](/glossary/implied-warranty-of-habitability) and the [covenant of quiet enjoyment](/glossary/covenant-of-quiet-enjoyment). It's a last resort with strict, state-specific rules — talk to a local tenant-rights resource or attorney before relying on it. See [home maintenance for renters](/guides/home-maintenance-for-renters-and-tenants).