What is a constructive eviction in civil law?

Constructive eviction is an eviction that occurs when a landlord breaches the terms of the lease in a way that substantially interferes with the tenant’s occupancy and enjoyment of the rental property, without a physical eviction taking place. In South Dakota, constructive evictions can occur when a landlord does not properly maintain the property, creates a nuisance, refuses to make necessary repairs, or violates the tenant’s right of quiet enjoyment. When a constructive eviction takes place, the tenant’s lease is terminated and the tenant no longer is obligated to abide by the terms of the lease. Depending on the situation, the tenant may be entitled to damages or a refund of rent. If the tenant is wrongfully evicted, they may sue for wrongful eviction, breach of contract, or damages. If a tenant believes they have been wrongfully constructively evicted, they should contact an attorney or legal aid organization. An attorney will be able to help them understand whether they have a valid claim of constructive eviction and provide advice on how to proceed. A tenant may also contact their local housing or consumer protection agency to learn about their rights and obligations as a tenant in South Dakota.

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