What is a constructive eviction in civil law?
Constructive eviction is a legal term used in civil law that describes when a tenant has an agreement with a landlord and the landlord breaches the agreement in such a way that living on the property is made impossible or unbearable for the tenant. In other words, a constructive eviction occurs when the landlord violates the lease agreement, and because of the violation, the tenant must move from the rental property. Constructive eviction in Minnesota is covered by Minnesota Statutes section 504B.385. It states that a landlord cannot willfully fail to provide essential services like water and gas, or they must comply with building codes. It also states that a landlord must not deliberately make the rental unit (or any part of it) dangerous or extremely unpleasant to live in and must not disconnect utilities or access to the home. If a landlord does any of these things, the tenant can bring a lawsuit against them for constructive eviction. Constructive evictions in Minnesota are also different from other states because there is no required “notice to quit”, or days when a tenant is expected to leave. Instead, the tenant can file for an “order for restitution” in court, which requires the landlord to restore the rental unit to its former condition. If the landlord fails to comply with the order, the tenant can terminate the lease and may be entitled to financial compensation.
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