Is Failing to Curb Noisy Tenants Grounds for Constructive Eviction?

There are two ways to evict a tenant: (1) “Actual eviction,” or going to court to get an eviction order, is the proper way; and (2) “constructive eviction,” or doing something so egregious to interfere with the tenant’s business that it forces the tenant to leave, is the other way—one you want to avoid at all costs. The term “constructive eviction” is misleading since the tenant actually decides to leave without being ordered to. But while the “eviction” is a legal fiction, the legal consequences are very real.