As a landlord, dealing with a lawsuit from a tenant claiming constructive eviction can be frustrating and financially draining. Constructive eviction occurs when a tenant vacates a rental property due to unlivable conditions caused by the landlord’s actions (or failure to act). Rather than simply breaking the lease, the tenant argues that the landlord has effectively forced them out by making the property uninhabitable.
This legal claim can lead to monetary damages, lease terminations, and potential reputational harm for landlords. If you’re facing such a lawsuit—or want to protect yourself from one—it’s crucial to understand the legal implications, common defenses, and preventative measures.
What Constitutes Constructive Eviction?
Legal Definition and Requirements
For a tenant to successfully claim constructive eviction, they must typically prove the following:
1. Uninhabitable Conditions – The rental unit became unlivable due to serious defects such as lack of heat, severe water damage, toxic mold, pest infestations, or persistent security issues.
2. Landlord’s Responsibility – The conditions resulted from the landlord’s failure to maintain the premises or an intentional act that rendered the property uninhabitable.
3. Notice and Opportunity to Fix – The tenant notified the landlord of the problem and allowed a reasonable time for repair.
4. Vacating the Premises – The tenant must move out within a reasonable period after the issue arises. Continuing to live in the unit despite complaints weakens their claim.
5. Causation and Harm – The tenant suffered financial or personal hardship due to the situation.
If a tenant can prove these elements, they may be entitled to damages, such as reimbursement for moving costs, lost business income (if the property was used commercially), or emotional distress. For a full breakdown of New Jersey’s landlord-tenant legal obligations, review NJ Landlord-Tenant Law (Title 46, Chapter 8).
Common Reasons Tenants Claim Constructive Eviction
Lack of Essential Services
When a landlord fails to provide basic services such as running water, heat, or electricity, tenants may claim that the property is uninhabitable. Even if the landlord is not directly responsible—such as during a power outage—failing to make reasonable efforts to restore service can lead to legal exposure.
Pest Infestation and Health Hazards
Severe pest infestations, including rodents, cockroaches, or bedbugs, can lead to constructive eviction claims. Similarly, health hazards like mold, asbestos, or lead-based paint (if not disclosed and remedied) can trigger tenant lawsuits. According to HUD’s Tenant Rights Guide, landlords must provide habitable living conditions to avoid legal disputes
Structural Issues and Safety Violations
If a property has unsafe conditions—such as a collapsing ceiling, broken locks, or persistent flooding—tenants may argue they had no choice but to vacate. Even minor structural issues, if neglected long enough, can turn into a major legal problem.
Landlord Harassment or Retaliation
If a landlord engages in harassment (e.g., changing the locks, shutting off utilities, or making unauthorized entries), tenants can use this as grounds for constructive eviction. Additionally, retaliatory actions—such as raising rent or initiating eviction after a tenant complains—can strengthen their case.
Defenses for Landlords Against Constructive Eviction Claims
The Property Was Habitable
One of the strongest defenses against constructive eviction is proving that the rental unit was still livable despite the tenant’s complaints. Courts may dismiss a case if the issues were minor inconveniences rather than severe, habitability-compromising defects.
Tenant Failed to Provide Notice
If a tenant never formally complained or failed to give the landlord a chance to fix the issue, they may struggle to prove constructive eviction. Documentation showing prompt responses to complaints can be a key defense.
The Tenant Did Not Vacate the Property
A tenant must leave the property within a reasonable time after the issue arises. If they stayed for months (or even years) while claiming the property was unlivable, it weakens their claim.
Tenant Caused the Damage
If the tenant’s own negligence or misconduct caused the condition they’re complaining about—such as failing to clean up after themselves, misusing appliances, or ignoring safety guidelines—the landlord can argue they are not responsible.
The Issue Was Beyond the Landlord’s Control
If a natural disaster, city-wide service outage, or third-party contractor caused the problem, a landlord may argue that they were not legally responsible for the tenant’s inconvenience.
Proactive Steps to Prevent Constructive Eviction Lawsuits
1. Maintain the Property in a Habitable Condition
Regular property maintenance and prompt repairs can prevent most constructive eviction claims. Ensure that:
• Heating, plumbing, and electrical systems are fully functional.
• Common areas and individual units are structurally sound.
• Pest control is regularly conducted.
2. Keep Detailed Maintenance and Complaint Records
Documentation is a landlord’s best defense in court. Keep records of:
• Repair requests and work orders.
• Emails, texts, or letters between you and the tenant.
• Photographs of the property before and after reported issues.
3. Respond Promptly to Tenant Complaints
Address tenant concerns quickly and in writing. Even if an issue cannot be immediately resolved, communicating your plan of action can prevent legal disputes.
4. Avoid Retaliatory Actions
If a tenant files complaints with city inspectors or the health department, do not respond by raising rent or attempting eviction. Retaliation claims can strengthen a tenant’s constructive eviction lawsuit.
5. Include Clear Lease Language
Ensure your lease agreement outlines:
• The tenant’s responsibility to report issues in writing.
• The landlord’s right to enter and make repairs.
• How habitability disputes will be handled.
6. Work With an Experienced Landlord-Tenant Lawyer
A knowledgeable attorney can help you navigate legal challenges, draft airtight lease agreements, and respond to tenant disputes effectively.
How Sammarro & Zalarick PA Can Help Landlords
If you are facing a constructive eviction lawsuit or want to ensure compliance with landlord-tenant laws in New Jersey, Sammarro & Zalarick PA can provide expert legal assistance. Our firm specializes in:
• Landlord Defense – Protecting property owners from unjust eviction claims and tenant lawsuits.
• Lease Drafting & Review – Ensuring your rental agreements are legally sound.
• Eviction Proceedings – Guiding landlords through legal evictions without exposure to liability.
• Property Disputes & Compliance – Helping landlords navigate building code violations and legal disputes.