Constructive Eviction Research Paper

Constructive Eviction and the Implied Warranty of Habitability
Steve has several causes of action. This particular jurisdiction recognizes constructive eviction which “occurs when residential rental property is in such disrepair or when a condition exists on the property that makes it extremely impossible or difficult to live there. The property is then said to be “uninhabitable”. (Constructive Eviction, n.d.). Because of implied warranty of habitability that requires landlords to keep their property "habitable," Steve could also use this cause of action. Furthermore, “the warranty conditions a tenant's duty to pay rent on the landlord's duty to maintain a habitable living space,” (Implied Warranty, n.d.), Since Steve had informed Billy that the heater was faulty for months and Billy never fixed it, the elements of this action would be supported.
State laws differ concerning laws that require a landlord to maintain specific temperatures for their tenants, but most local ordinances provide protection. The local ordinance that requires landlords to repair heaters would be the remedy to have the faulty heater fixed. In Tennessee where I live, tenants of certain counties have protected rights that make a broken heater an emergency problem and it has to be fixed immediately. Steve could do abatement, move out and he would not owe for breaking the …show more content…
Implied warranty of habitability is “A legal doctrine that requires landlords to offer and maintain livable premises for their tenants. If a landlord fails to provide habitable housing, tenants in most states may legally withhold rent or take other measures, including fixing the problem and deducting the cost from the rent, or moving out.” (Nolo, n.d.). Billy knew about the faulty stair that Steve tripped on and fell down the stairs. Since Billy never got around to fixing it, another action Steve could take would be the implied warranty of