Constructive Eviction
When a landlord's failure to maintain a rental property makes it so unlivable that the tenant is effectively forced to move out, even though the landlord did not formally evict them.
Constructive eviction happens when a rental property becomes so unlivable that the tenant has no real choice but to leave. Unlike a formal eviction where the landlord goes to court, constructive eviction occurs when the landlord fails to fix serious problems – like broken heating in winter, sewage backups, or severe mold – that make the home uninhabitable.
In Minnesota, landlords have a legal duty to keep rental properties in reasonable repair and fit for living under Minn. Stat. section 504B.161. If a landlord fails to meet this duty and the tenant is forced to move out, the tenant may be released from the lease and may be entitled to damages.
Why it matters: If you are dealing with terrible living conditions and your landlord refuses to fix them, you may have the right to leave without being responsible for future rent. Document the problems thoroughly and consider consulting a lawyer or contacting HOME Line at 612-728-5767 before moving out.
Example: A tenant’s apartment has no heat during January in Minnesota because the landlord refuses to repair the furnace. After written complaints go unanswered for two weeks, the tenant moves out. The landlord cannot sue the tenant for breaking the lease because the conditions constituted a constructive eviction.
Uninhabitable rental conditions, lack of heat, no running water, severe pest infestations