Leasing License Practice Exam

What constitutes constructive eviction?

1. A landlord makes the property uninhabitable

2. A tenant leaves without notice

3. The property is sold

4. The lease is terminated early

The correct answer is: A landlord makes the property uninhabitable

To understand constructive eviction, it's essential to recognize that it involves a situation where a tenant is forced to leave the rental property due to the landlord's actions that render the living conditions uninhabitable. When a landlord makes the property uninhabitable, they effectively fail to uphold their obligations under the lease agreement, which may include maintaining the premises in a safe and livable condition. This can occur through failure to provide essential services, such as heating or water, or through actions that impede the tenant's ability to use the property fully. Constructive eviction can occur even without a formal eviction process, as the tenant is left with no reasonable choice but to vacate the premises. Thus, the defining characteristic of constructive eviction is that the landlord's neglect or interference has made the tenant's living situation intolerable, compelling them to leave. The other options do not fit the definition of constructive eviction. Leaving without notice does not indicate that the landlord has made the property uninhabitable; it reflects a tenant's choice. Selling the property does not automatically create a constructive eviction either, as new ownership may not affect the tenant's rights. Terminating the lease early, while potentially causing inconvenience, would not constitute constructive eviction unless it relates directly to the landlord