Although the basic elements of constructive eviction are the same, each state has different problems that qualify as constructive eviction if not remedied by the landlord, as well as different notice requirements.Examples of constructive eviction include shutting off water or electricity, or refusing to repair a leaky roof that causes damage inside the unit.The problem must be so great that it causes a substantial interference with your use of the property – it can't just be an inconvenience.For example, if your central heating system is broken in July, that probably wouldn't constitute constructive eviction. If the heating system was broken in January, however, and there's snow on the ground outside, that may be considered constructive eviction if the landlord doesn't fix the heat within a reasonable period of time.
Generally, your unit must be uninhabitable, creating a situation in which you have been deprived of full use of the property. The legal theory behind constructive eviction is that since the landlord hasn't provided you with a habitable dwelling, you are no longer obligated to pay rent., Because constructive eviction can be difficult to prove, and typically is raised as a defense after your landlord sues you, an attorney can help make sure your rights are protected and you don't have to pay more money than you should.


If you move out without a pre-existing agreement to cancel the lease agreement, your landlord has the right to sue you for damages.When you are sued, you can claim constructive eviction as an affirmative defense. However, keep in mind that you must prove all aspects of an affirmative defense.
States also differ on whether you have a duty to make any repairs yourself prior to moving out. Constructive eviction is considered an extreme remedy, and often the problem must be something that you had no ability to alleviate yourself., To claim constructive eviction, you must provide written notice to your landlord of the problem you're having and indicate that if the problem isn't resolved you plan to claim constructive eviction.Even if you've already told your landlord repeatedly about the problem, written notice is essential to claiming constructive eviction. This also entails being able to prove that your landlord received your letter. For this reason you should consider mailing it using certified mail so you have proof that it was received, rather than simply sending an email or leaving a letter in the office's mail slot.
 You must allow a reasonable period of time for the landlord to diagnose the problem and make the necessary repairs.


Consider talking to an expert if you're unsure what a reasonable period of time would be. Some major problems such as a gas leak could take several days to remedy, while other issues should be repaired within a couple of days.
How long is considered reasonable also depends on what the problem is and the circumstances surrounding the problem. For example, if you're renting an apartment in Michigan and the heat goes out in February, your landlord must take steps immediately. However, if the heat goes out in June, the need is not quite as urgent.
 Since it's up to you to prove constructive eviction in court, you must provide objective evidence of the problem you were having as well as your efforts to have the landlord fix it.You might also consider having a state or county inspector come and look at your unit and file a report. If the unit doesn't meet the health and safety standards established by your state, the inspector will start procedures for assessing those violations.Take photos of the damage as it progresses, and make sure a date is attached to those photos. For example, if your ceiling and walls are damaged by a leaky roof, take photos showing the water stains on the walls and ceiling. If the problem gets worse because your landlord hasn't taken steps to repair it, take additional photos showing the progression.
 If your landlord hasn't fixed the problem within a reasonable period of time, you should leave immediately.To claim constructive eviction, you must actually leave the property because of the
If your landlord later sues you for breaking your lease, you can raise the defense of constructive eviction.
Generally, if a court agrees with you that you were constructively evicted, you have no further liability for payments under the lease. You may even be able to claim additional damages for any losses you incurred as a result of the constructive eviction.However, keep in mind that if you move out on a constructive eviction theory, and a court later determines there was no constructive eviction, you'll be on the hook for any rent due from the date you moved out.
Research your state's law.
Consider hiring an attorney.
Notify your landlord of the problem.
Give the landlord time to fix the problem.
Document evidence.
Vacate the property.
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