What is a constructive eviction in civil law?

Constructive eviction is a legal term used in civil law to describe when a tenant is forced to leave a rental property without any written notice from the landlord. In Washington, a tenant must prove that the landlord’s actions rose to the level of constructive eviction for it to be legally recognized. Examples of wrongful behavior that could amount to a constructive eviction include turning off utilities, failing to make necessary repairs, creating a dangerous living environment, or allowing significant noise disturbances. A tenant has the right to terminate the rental agreement and move out if they are being subjected to constructive eviction. Constructive eviction is distinct from an actual eviction, which is the process of giving written notice to a tenant that they must leave the property and court proceedings if they fail to comply. In Washington, either the landlord or tenant can terminate the lease without cause as long as the appropriate amount of notice is given. If a tenant is being subjected to constructive eviction, they have a right to file a lawsuit against the landlord for damages. However, the tenant must have proof of the landlord’s unlawful behavior in order to be successful in a suit.

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