What is a constructive eviction in civil law?

Constructive eviction is a legal term used in civil law in Kansas. It occurs when a tenant is deprived of possessing a rental property due to certain conditions that render the property uninhabitable. Constructive eviction can occur when the landlord fails to perform repairs, allow the tenant necessary access to the property, or otherwise interfere with the tenant’s rights to quiet enjoyment of the property. Constructive eviction does not require the landlord to physically remove the tenant from the property, but instead renders the property unfit or unsuitable for occupancy. In Kansas, when a tenant claims a constructive eviction, they must show the landlord did something that made the rental property uninhabitable or interfered with their rights to quiet enjoyment. Examples of this include when the landlord fails to make repairs necessary to maintain the property, fails to provide essential services such as running water, or when the landlord makes changes to the leased premises that substantially interfere with the tenant’s use and enjoyment of the premises. Constructive evictions may entitle the tenant to withhold rent, break the lease, and move out without penalty. If the tenant feels they are being constructively evicted, they should contact their landlord or a housing authority to resolve the issue. If the landlord fails to address the issue within a reasonable amount of time, the tenant may be able to pursue legal action.

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What is a constructive eviction in civil law?

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