Is there a difference between wrongful eviction and constructive eviction?

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Does the tort of constructive eviction have different principles or elements than the tort of wrongful eviction, or are they the same exact thing?

Attorney Answers

3
Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
Wrongful eviction means you have been actually evicted for a "wrong" reason. Constructive eviction means you haven't actually been evicted but you might as well have been because you cannot use the premises for its intended purpose.
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Mary Katherine BrownFamily Law AttorneyBrooklyn, NY ·
If the tenant actually vacated the premises before the "wrongful" eviction, then the choice between the two options offered would be "constructive" eviction. I recommend you consult, even briefly, with a local attorney before you take any further action. Good luck!
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Paul Lee ·
Wrongful eviction exists where the tenant has actually been wrongfully physically evicted. Constructive eviction is a cause of action that is sometimes pleaded when the condition of the premises or lack of habitability is such that the plaintiff is arguing that he has been evicted for all intents and purposes. In the case of constructive eviction, usually there is no actual physical eviction. "Constructive" means implied by law.
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