Archive for August, 2011
Thanks to the Community Enhancement Committee for hosting a successful second annual Tilt the Kilt!
Photo Set I:
Photo Set II:
By Christopher Huntley, Attorney
A reader recently asked me to write an article on what would be deemed a constructive eviction and what would a tenant’s chance be of getting out of a lease based on such a defense when the landlord does not maintain the property as it should. Unfortunately, the rule for determining what constitutes a constructive eviction does not assist much in determining whether a constructive eviction has occurred. A tenant, however, is not without options.
When Does a Constructive Eviction Occur?
A tenant will be deemed to have been constructively evicted from its premises if the landlord fails to provide a service that it is legally obligated to provide, or the landlord or a third party engages in an activity that the landlord has a duty to prevent, and such act or omission renders the tenant’s premises uninhabitable or the use and enjoyment of the tenant’s premises is so interfered with so as to justify an abandonment. In other words, it depends. (more…)