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Constructive Eviction occurs when leased property becomes unusable due to the actions or inaction of the landlord, causing the tenant to abandon the property.
The elements of constructive eviction are:
- Through the actions or inaction of the landlord,
- The whole or a substantial part of the leased premises is rendered unfit for occupancy for the purpose for which it was leased,
- Causing the tenant to vacate the premises as though he/she was evicted
- Within a reasonable time of the landlord’s interference.