Constructive Eviction

What Is Constructive Eviction?

Constructive eviction occurs when a landlord fails to maintain the property or takes actions that make the property so uninhabitable that the tenant is effectively forced to leave, even though the landlord did not formally evict them. The doctrine allows the tenant to terminate the lease without penalty and stop paying rent.

Unlike actual eviction (where the landlord files a court action), constructive eviction is caused by the landlord's failure to provide a habitable space.

Florida Constructive Eviction Standards

To prove constructive eviction in Florida, the tenant must establish:

1. Material breach by the landlord — The landlord substantially failed to maintain the property or violated a material term of the lease. Examples include refusing to repair a broken HVAC system, allowing persistent water leaks, failing to address mold, or allowing other tenants to create dangerous conditions.
2. Substantial interference — The landlord's failure must substantially interfere with the tenant's use and enjoyment of the property, not just cause minor inconvenience.
3. Notice to the landlord — The tenant must notify the landlord of the problem and give a reasonable opportunity to correct it.
4. Tenant vacates — The tenant must actually leave the property within a reasonable time after the condition becomes intolerable. A tenant who remains in the property and continues paying rent generally cannot claim constructive eviction.

Residential vs. Commercial Constructive Eviction

In residential leases, the Florida Landlord and Tenant Act provides a statutory remedy: the tenant can withhold rent after giving the landlord 7 days' written notice of a maintenance violation under Section 83.60. This statutory remedy is often preferred over the common law constructive eviction doctrine.

In commercial leases, there is no statutory habitability requirement. Constructive eviction is the tenant's primary remedy when the landlord fails to maintain the property. The lease terms heavily influence whether the claim succeeds.

Related Terms

• Lease Agreement — The contract the tenant is seeking to terminate
• Florida Landlord-Tenant Act — Provides statutory remedies for residential tenants
• Landlord — The party whose failure causes the constructive eviction
• Tenant — The party forced to vacate

Barnes Walker Constructive Eviction Services

Barnes Walker's attorneys represent landlords and tenants in constructive eviction disputes, including lease termination, damage claims, and defense of habitability actions. Request a legal inquiry for assistance.

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