What is a constructive eviction in civil law?

A constructive eviction in civil law is when a tenant is forced to leave their rental property due to the landlord not upholding their end of the agreement. This can happen for a few different reasons. The most common form of constructive eviction is when a landlord fails to make essential repairs to the rental property that they are legally required to make. Under South Carolina landlord-tenant laws, a landlord must provide “habitable” dwellings to tenants and must make all repairs necessary to keep the rental livable. If they fail to do so, the tenant can file an eviction lawsuit against the landlord, or they can simply leave the property on their own and be considered constructively evicted. A tenant may also be considered constructively evicted if the landlord substantially interferes with the tenant’s use or enjoyment of the rental. This can include denying access to certain amenities, refusing entry to the rental, or making excessive demands on the tenant that make living in the rental difficult. In all of these cases, the tenant will be granted relief from their obligation to pay rent until the issue is resolved, and can even be awarded damages, as long as the tenant has given the landlord reasonable notice of the issue. Constructive eviction protections are in place to make sure that tenants are not taken advantage of and that landlords are held accountable for their actions.

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