What is a constructive eviction in civil law?
Constructive eviction is a term used in civil law in Colorado to describe a situation in which a landlord has made conditions in a rental property so untenantable that the tenant must vacate the premises. Constructive eviction usually occurs without any sort of formal eviction notice from the landlord. Examples of such conditions include the landlord failing to make necessary repairs to the property, making changes to the property that materially change the agreement of the lease, or by ousting the tenant from the premises by threats of violence. Constructive eviction is a type of implied breach of contract, as the landlord has breached the agreement of the lease without providing the tenant with an appropriate notice. The tenant must then sue the landlord for damages caused by the constructive eviction in order to be legally protected. Constructive eviction can also happen when a tenant is illegally forced to leave their rental property due to an illegal act or due to a nuisance created by a third party. In the case of an illegal act, the tenant may have a right to sue for damages or sue for breach of contract. The tenant may also sue for damages if the landlord fails to take action or properly address the situation. Constructive eviction can be a very serious issue, as it may cause a tenant to be displaced from their home. It is important for tenants to know their rights under the law in Colorado and to take action if they believe they are being subjected to a constructive eviction.
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