CONSTRUCTIVE EVICTION

(A) When a landlord refuses to fix problematic conditions on a rented or leased premises that results in the tenant being unable to stay on the premises so that the tenant is, effectively, evicted from the premises by the landlord’s inaction. For example, a landlord has an obligation to keep the premises free from hazardous materials but refuses to hire a specialist to remove excessive mold or other hazardous conditions from the premises. A tenant may have the right to leave the premise and terminate the lease without repercussions. (B) Breaches of a lease by a landlord that compel the tenant to leave the premises, e.g. mold that becomes progressively worse so that the premises becomes unsafe for human habitation.