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Constructive Eviction

On the subject of eviction, many landlords may be hesitant to take on the eviction process and the court hearing that may follow, but removing tenants without abiding by the eviction process can actually still lead to court by means of constructive eviction, a charge that can be filed against the landlord. More specifically, constructive eviction is a charge that can be placed on landlords that use illegal or unethical methods to evict tenants from property. There is only one method that can be used to evict tenants from property, and anything else, including changing locks, shutting down utilities, or threatening tenants, is considered illegal. For tenants that think they be experiencing constructive eviction, a claim can usually be filed with a local court. Before making a claim, the tenant should have already moved from the property. However, tenants should acquire documentation of the illegal actions before leaving the property. Documentation such as photographs, written threats from the landlord, or even a report from a professional inspector can be very useful in court.

Fast Facts

  • Tenant is not responsible for rent if constructive eviction occurs
  • constructive eviction can also include violation of privacy

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  • Landlord Tenant Privacy Rights

    The landlord of a piece of property has the right to enter the property that they own to make repairs, show th...
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  • Obligations of a Landlord

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    • Site: realestatelawyers.com
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  • Ending a Rental Agreement Early

    A rental agreement or lease is a binding contract.  This means that once you sign it, you are bound by its ter...
    • Site: landlordtenantlawfirms.com
    • 2 of 3 user(s) found this useful

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