What Is Constructive Eviction?

Constructive eviction happens when your landlord makes your home so unlivable that you’re forced to leave—even if they never formally evict you. It’s illegal, but it happens often, especially to vulnerable tenants.

Examples:

A mother of a child with epilepsy loses electricity for weeks and can’t refrigerate medication or use a breathing machine. The landlord ignores repeated requests. She moves out because it’s unsafe.

An elderly tenant lives in a unit with broken heat during the winter and visible black mold. The landlord blames "old pipes" and stalls repairs. The tenant is hospitalized with respiratory issues.

A parent is harassed by neighbors who threaten their autistic child, and the landlord refuses to intervene despite documented complaints.

If a landlord’s neglect or actions make the unit uninhabitable and you’re essentially "pushed out," that’s constructive eviction. You may have legal remedies, but only if you preserve the paper trail.

What to Do:

Document the habitability issues and any impact on your family’s health and safety.

Notify the landlord in writing—email or certified mail.

Get third-party proof: medical notes, code enforcement reports, or witness statements.

Call tenant legal aid before moving out.