{"id":16648,"date":"2022-12-16T15:00:00","date_gmt":"2022-12-16T20:00:00","guid":{"rendered":"https:\/\/www.renthop.com\/content-manager\/?p=16648"},"modified":"2023-07-22T11:36:24","modified_gmt":"2023-07-22T15:36:24","slug":"what-is-constructive-eviction","status":"publish","type":"post","link":"https:\/\/www.renthop.com\/blog\/what-is-constructive-eviction\/","title":{"rendered":"What is a Constructive Eviction?"},"content":{"rendered":"\n
There are many reasons a tenant may leave an apartment. They could find a new place to live, they could be evicted for neglecting to pay rent, or they could be forced out because the apartment becomes unlivable. This last one has been known to happen as a result of natural disasters such as a hurricane. However, many times a home will become inhabitable due to a landlord’s neglect or purposeful damage done to the property. This is called constructive eviction<\/a> and it happens far too often to unsuspecting people in NYC. But what, specifically, has to happen for constructive eviction to occur? How can tenants fight back?<\/p>\n\n\n\n There are multiple ways tenants can experience a constructive eviction. There are multiple ways this can go about but, in NYC, all of them have to do with violating the Warranty of Habitability and\/or the covenant of quiet enjoyment, which is the landlord\u2019s responsibility to ensure<\/a> apartments, and the apartment building, is safe and livable at all times. <\/p>\n\n\n\n Issues that make apartments unlivable include, but are not limited too: <\/p>\n\n\n\n If any of these issues arise<\/a>, tenants are expected to contact their landlord to solve the issue. If the landlord fails to resolve the issue, which then leads the tenant to move out of the home, that constitutes as a constructive eviction. Constructive evictions can also occur if a tenant leaves an apartment due to safety and livability issues directly caused by the landlord. In addition, constructive eviction applies if tenants are only forced to leave for part of the year, like in the legal case of Johnson v. Cabrera<\/a>, where frozen pipes made the home unlivable in the winter, but fine in the summer.<\/p>\n\n\n\n Not all cases of constructive eviction are malicious. Constructive eviction can occur naturally when landlords are slow to fix issues because they\u2019re busy with other properties. Repairs can be expensive and many building owners have more than one property to take care of, meaning they might completely forget about an issue plaguing your home, or just not have the funds to fix it. Whether it’s malicious or not, if you are forced to leave a home because it’s unsafe, it’s still constructive eviction, and you are likely entitled to damages as it is within your rights to have a safe environment to live in.<\/p>\n\n\n\n In some cases, constructive eviction is illegally used by landlords to sidestep normal eviction practices. This way they can force you out of a home, even if you\u2019ve been paying rent on time and are generally a good tenant. Landlords can do this for any reason from wanting to charge more for your home or simply because they don\u2019t like you. Either way, it\u2019s a crafty trick to force good tenants out of a home they have a legal right to stay in. <\/p>\n\n\n\n First and foremost, it\u2019s important to keep records of every interaction you have with your landlord. Tenants are required to give landlords a reasonable amount of time to fix an issue, so it\u2019s important that you have every interaction with a landlord in writing. This is simple to do, as emailing, or even texting, a landlord about a safety issue in the home requires them to respond or be held liable for any issues that arise. If they regularly push back repair dates, say they won\u2019t fix the issue, or just ignore you completely, you will now have proof of their neglect. A paper trail will be your friend.<\/p>\n\n\n\n Once you have a paper trail and are forced to leave your home, make a complaint<\/a> with the NYC government. If the emergency is leading to imminent harm, call 911 to get help. No matter what you have to do, you will also have to file a constructive eviction claim in small claims court or civil court depending on how much rent you paid during the inhabitability. Tenants who win these cases often don\u2019t have to pay rent in the complex for a set period of time and can even be reimbursed for rent they lost while being forced to live in unsafe conditions.<\/p>\n\n\n\nTypes of Constructive Evictions<\/h2>\n\n\n\n
Legality of Constructive Eviction<\/h2>\n\n\n\n
Fighting Constructive Eviction<\/h2>\n\n\n\n
Avoiding Constructive Eviction<\/h2>\n\n\n\n