Leasing License Practice Exam

When can a tenant legally claim constructive eviction?

1. When the property is not in their name

2. When it has been uninhabitable

3. When the landlord decides to sell

4. When there is a rent increase

The correct answer is: When it has been uninhabitable

A tenant can legally claim constructive eviction when the rental property becomes uninhabitable. Constructive eviction occurs when a landlord fails to maintain the property in a condition suitable for living, effectively forcing the tenant to vacate. This concept revolves around the duty of landlords to provide a safe and habitable environment. Conditions such as lack of heat, water, or necessary repairs that make the home unsuitable for habitation can substantiate a claim for constructive eviction. The other scenarios presented do not create grounds for constructive eviction. For instance, if the property is not in the tenant's name, it does not affect their rights concerning the suitability of the living conditions. A landlord deciding to sell the property is also not a valid reason for constructive eviction, as the tenant's rights and living conditions remain unchanged until a formal eviction process is initiated. Similarly, a rent increase does not alone constitute a basis for constructive eviction unless it is accompanied by other factors that render the property uninhabitable or if it violates lease agreements or local regulations.