Constructive Eviction Doctrine

What Is Constructive Eviction?

A standard eviction happens when a landlord files a lawsuit to physically remove a tenant. Constructive eviction is the opposite: the tenant is the one who leaves, because the landlord has made the property so miserable that it is functionally impossible to live or do business there.

Under Florida law, when a landlord substantially breaches their duty to maintain the property, the tenant may claim "constructive eviction," abandon the premises, and stop paying rent without being held liable for breach of the lease.

Elements of Constructive Eviction

To successfully claim constructive eviction in a Florida court, the tenant must prove all of the following:

1. The landlord's action (or failure to act) substantially interfered with the tenant's use and enjoyment of the property. Minor inconveniences do not count. The interference must be severe: a collapsed roof, chronic raw sewage flooding, no air conditioning for months in Florida's summer heat, or a landlord who deliberately cuts off the water supply.
2. The tenant notified the landlord of the problem and gave the landlord a reasonable opportunity to fix it.
3. The tenant actually vacated the premises within a reasonable time after the landlord failed to cure the problem. A tenant who stays in the property for months while complaining loses the right to claim constructive eviction.

Commercial Lease Applications

Constructive eviction is particularly powerful in commercial leasing. If a landlord allows a neighboring tenant to operate a nightclub with ear-splitting noise until 3:00 AM, and the noise makes it impossible for an adjacent law firm to operate during business hours, the law firm may claim constructive eviction, terminate the lease, and vacate without liability for the remaining years of rent.

Related Terms

• Eviction — The standard landlord-initiated removal, distinct from constructive eviction
• Commercial Lease — The contract terminated by a successful constructive eviction claim
• Breach of Contract — The landlord's underlying violation that triggers the doctrine

Barnes Walker Landlord-Tenant Litigation

Barnes Walker's commercial litigation attorneys aggressively represent Florida tenants claiming constructive eviction, building evidence portfolios of the landlord's failures and negotiating lease terminations that protect our clients from millions of dollars in future rent liability. Request a legal inquiry for assistance.

Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC