Constructive Eviction

A constructive eviction occurs when a tenant is forced to move out of their home due to a landlord’s failure to 1) provide a habitable premises; 2) failure to resolve a substantial nuisance; or 3) as a result of ongoing and severe harassment.

If you have been dealing with problems in your home or apartment that are causing your living situation to be unbearable, and/or are thinking of moving out, be sure to speak to a lawyer before you move. 

While many disputes between landlords and tenants can be resolved informally, situations sometimes arise that require tenants to take legal action. If you are dealing with one of these issues you may consider contacting a capable tenant’s rights lawyer to assert your rights against your landlord or former landlord.

Constructive Eviction situations include:

  • Tenant move out as a result of landlord’s refusal to make necessary repairs, including failing to address mold, mouse/pest infestations, water leaks, defective plumbing, or lack of heat.
  • Landlord harassment of a tenant, such as making repeated threats, sexual advances, demanding tenants vacate, violating tenant privacy, or make unlawful rent increases or other unwarranted charges, or creating or failing to abate nuisances–designed to force you to vacate your rent-controlled unit
  • Apartment is illegal unit and subsequently threatened to evict you from it and/or demolish the unit

Our office represents tenants in constructive eviction lawsuits on a contingency fee rather than by the hour – meaning we don’t get paid until you do.