If a landlord has violated the express or implied duty to provide the tenant with quiet enjoyment, the tenant may abandon the premises under the doctrine of:

Question

Quizplus · Accepted Answer

Constructive eviction allows a tenant to terminate their lease and move out if the landlord has violated the express or implied duty to provide a safe and habitable living space, such as by failing to make necessary repairs or allowing excessive noise or disturbances that make living on the property unbearable. This doctrine is based on the principle that the landlord's actions or inactions have essentially "evicted" the tenant from the premises, even if they have not physically barred them from entry. Actual eviction (A) refers to when the landlord physically removes the tenant from the property through legal means, while tenant eviction (B) is not a recognized legal term. Landlord neglect (D) may contribute to constructive eviction, but it is not a substitute for the specific legal doctrine of constructive eviction.

If a Landlord Has Violated the Express or Implied Duty