Skip to content
English
Contact us
  • There are no suggestions because the search field is empty.

Defending a Constructive Eviction Claim: A PA Landlord's Guide

What constructive eviction means and how a landlord defends against the claim.

What is constructive eviction?

Constructive eviction is a claim a tenant raises when it says the landlord's action — or failure to act — made the space unusable for its intended purpose, effectively forcing the tenant out even though there was no formal eviction. A successful claim can excuse the tenant from paying rent for the remainder of the lease.

What a tenant must prove

To succeed, a tenant generally has to show a serious interference with its use of the premises that the landlord caused or failed to fix, and that the tenant actually vacated within a reasonable time. A minor or temporary problem, or a tenant who stays and keeps operating, usually does not meet the standard.

How a landlord defends the claim

A landlord defends by showing it responded to repair requests, that the problem was not severe enough to make the space unusable, that the tenant did not give proper notice or a chance to cure, or that the tenant stayed in possession. Good records — of notices, repairs, and communications — are the landlord's best protection, and the lease's terms on repairs and the covenant of quiet enjoyment frame the whole dispute.

How Nochumson P.C. helps

Nochumson P.C. represents commercial landlords in lease disputes, including defending constructive-eviction and habitability claims. Contact us if a tenant has raised one.

Related articles:

Learn more from Nochumson P.C.: