Not all eviction actions arrive with a formal notice and paperwork from a court. Sometimes, a landlord decides to bypass the official legal process and pressure a tenant to move out without an official eviction.
This kind of situation, known as a “constructive eviction,” is particularly common when landlords want to be rid of a troublesome tenant who complains about the property conditions or exercises other legal rights that the landlord finds inconvenient.
What is constructive eviction?
Constructive evictions happen when a landlord doesn’t physically remove a tenant (through legal means or otherwise), but creates conditions that are designed to make the property unlivable. In essence, the tenant gets forced out because the living conditions are no longer safe.
Examples of acts by a landlord that can constitute constructive eviction include:
- Turning off the heat in the middle of winter or refusing to repair a broken heating system
- Shutting off the electricity, water or other services without cause or notice
- Changing the locks on the residence while the tenant is not home and refusing access
- Repeatedly harassing the tenant, appearing at the tenant’s door or entering the property for surprise “inspections” that are not permitted under the lease
- Removing the doors or windows on the property so that the tenant cannot secure the property against intrusion
Landlords may begin this behavior to retaliate for a variety of reasons. Among the most common provocations are tenant reports about housing code violations, requests for expensive repairs, the withholding of rent during a legal dispute, attempts to organize with other tenants or pushbacks against lease violations. Whatever the cause, the goal is to make the living environment so hostile for the tenant that the tenant feels like they have no choice but to move.
What can tenants do to protect themselves?
One common mistake tenants make is immediately abandoning the property without understanding their legal position first. Leaving too quickly can expose the tenant to additional problems with unpaid rent claims, lease violations, the withholding of security deposits and damage allegations. It is not unusual for a landlord who is aggressive enough to engage in a constructive eviction to also go on the offensive against a tenant once that tenant has left the property.
Documentation is key to self-protection. Tenants should carefully compile as much documentation as possible from the moment that they realize they are in conflict with their landlord – just in case the situation escalates. Good documentation includes copies of emails and text messages exchanged with the landlord about any issues, inspection reports, copies of repair requests, records of utility interruptions, photos and video recordings of the property conditions.
It is also wise to seek legal guidance as early as possible in the situation. Since disputes involving landlord retaliation and constructive eviction can escalate quickly, early involvement by an attorney can be critical to a better outcome.
