MBE Rules · Real Property
Constructive eviction
The rule
A tenant may treat the lease as terminated and recover damages when: (1) the landlord (or someone the landlord controls) substantially interferes with the tenant's use and enjoyment, (2) the tenant gives notice and a reasonable opportunity to cure, and (3) the tenant actually vacates within a reasonable time. Failure to vacate defeats the claim.
In plain English
A remedy for a landlord who ruins the premises without formally evicting. The must-move-out requirement is the frequent trap — students argue constructive eviction while the tenant is still living there.
The trap
Tenant remains in possession → no constructive eviction, no matter how bad the interference.
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