What is CONSTRUCTIVE EVICTION? Definition of CONSTRUCTIVE EVICTION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms.
As the term is used with reference to breach of the covenants of warranty and of quiet enjoyment, it means the inability of the purchaser to obtain possession by reason of a paramount outstanding title. Fritz v. Pusey, 31 Minn. 368, 18 N.W. 94.
With reference to the relation of landlord and tenant, there is a "constructive eviction" when the former, without intent to oust the latter, does some act which deprives the tenant of the beneficial enjoyment of the demised premises or materially impairs such enjoyment. Santrizos v. Public Drug Co., 143 Minn. 222, 173 N.W. 563, 564. Any disturbance of the tenant's possession by the landlord whereby the premises are rendered unfit or unsuitable for occupancy in whole or in substantial part for the purposes for which they were leased amounts to a constructive eviction, if the tenant so elects and surrenders his possession. Murry v. Merchants' Southwest Transfer & Storage Co., 98Okl. 270, 225 P. 547, 549. There must be injurious interference with tenant's possession, substantial deprivation of tenant's beneficial use of premises, and material impairment of tenant's beneficial enjoyment of premises, so that he is compelled to vacate. Ben Hur Holding Corporation Fox, 263 N.Y.S. 695, 147 Misc. 300.
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That's the definition of CONSTRUCTIVE EVICTION in Black's Law Dictionary - Legal dictionary - Glossary of legal terms. Courtesy of Cekhukum.com.
