The circuit court awarded Swaine return of her security deposit and denied her claims for constructive eviction
or rent abatement.
This remedy is necessary because common law constructive eviction
, which requires the tenant to abandon the premises, is an insufficient remedy for low-income tenants.
phase or that amounts to constructive eviction
. The Seventh
Some courts hold that an improper and premature default letter can be a constructive eviction
of the tenant, ending any future liability for rent.
Further, the litigation of such cases must be handled in an extremely professional and thorough manner lest landlords potentially be found liable for constructive eviction
and resulting egregious financial penalties.
Neslen, agreed with the attorneys and the doctrine of "constructive eviction
," as applied to commercial leases in Utah, was born.
Legal liability theories applicable to mold claims may include negligence, strict liability, breach of warranty, constructive eviction
, failure to disclose, breach of contract, fraud, workers' compensation, and violation of air quality laws.
A resident's fear of criminal activity in her apartment building did not constitute "constructive eviction
" by the owner and was not grounds for nonpayment of rent, according to a recent Supreme Court of Virginia decision.
Claims usually allege negligence, strict liability, implied and express contract, constructive eviction
, breach of contract and/or nuisance.
The most frequently applied term is "constructive eviction
." This means that the landlord has indirectly and inadvertently evicted a tenant by permitting another tenant to permanently and substantially interfere with the tenant's use.
Recently, New York City Housing Court Judge Jean Schneider granted a $30,000 rent abatement to two renters after they were found to have suffered a "constructive eviction
" for nearly two years resulting from a toxic mold infestation of their East 57th Street apartment.
Typical defenses and counter-claims include: fraudulent representations or concealment inducing the tenant to sign the lease; the mere existence, or mismanagement, of hazardous materials; negligent design, construction, repairs, or renovations; general mismanagement of the building; constructive eviction
; trespass by the landlord or agent or agency under the landlord's control; creating or maintaining a nuisance; and, of course, breach of contract.