Constructive Eviction: State-by-State Law
Constructive eviction means a landlord's actions or failures made a home so unlivable that the tenant had to leave. Whether you can claim it — and stop paying rent — depends on state law.
| State | The rule |
|---|---|
| Alabama | No Alabama statute uses the term "constructive eviction." The Landlord and Tenant Act gives similar move-out rights: if the landlord materially fails to follow the lease or a repair duty that materially affects health and safety, the tenant can give written notice ending the lease in not less than 14 days unless the landlord fixes the problem in that time. If the landlord willfully or negligently fails to provide heat, water, hot water, electricity, gas or another essential service after notice, the tenant can end the lease on 14 days' written notice and move out with no further obligation. If the landlord locks the tenant out or willfully cuts off essential services, the tenant can end the lease and recover up to three months' rent or actual damages, whichever is greater, plus attorney's fees. Ala. Code §§ 35-9A-401(a), 35-9A-404(b), 35-9A-407 |
| Alaska | No Alaska statute uses the term "constructive eviction." The Landlord and Tenant Act gives similar move-out rights: for a material breach of the lease or a repair-duty breach that materially affects health and safety, the tenant can give written notice that the lease ends in not less than 20 days if the problem is not fixed within 10 days. If the landlord deliberately or negligently fails to supply heat, water, hot water, sanitary facilities or other essential services, the tenant can find substitute housing and owes no rent while the problem lasts. If the landlord locks the tenant out or willfully cuts off essential services, the tenant can end the lease and recover up to 1.5 times actual damages. AS 34.03.160(a), 34.03.180(a)(3), 34.03.210 |
| Arizona | No Arizona statute uses the term "constructive eviction." The Residential Landlord and Tenant Act gives similar move-out rights: for a material breach of the lease, the tenant can give written notice that the lease ends in not less than 10 days unless the landlord fixes it; for a breach of the repair duties in § 33-1324 that materially affects health and safety, the notice period is 5 days. If the landlord deliberately or negligently fails to supply water, gas or electricity, heat, cooling or other essential services, the tenant can get substitute housing and owes no rent for that time. If the landlord locks the tenant out or willfully cuts off essential services, the tenant can end the lease and recover up to two months' rent or twice actual damages, whichever is greater. A.R.S. §§ 33-1361(A), 33-1364(A), 33-1367 |
| Arkansas | No Arkansas statute uses the term "constructive eviction." For leases entered into or renewed after November 1, 2021, the law implies basic standards (hot and cold running water, electricity, drinking water, sewer and plumbing, a functioning roof and building envelope, and heating and air conditioning that came with the unit). If the tenant is current on rent, gives written notice of a defect, and the landlord does not fix it within 30 calendar days, the tenant's only remedy is to end the lease without penalty and get back the recoverable security deposit. A tenant may not withhold or offset rent for these defects. Ark. Code Ann. § 18-17-502(a), (d) (Act 1052 of 2021) |
| California | California law lets a tenant move out over serious repair problems. If the landlord does not repair conditions that make the home untenantable within a reasonable time after written or oral notice, the tenant may vacate, and is then released from paying further rent and from other lease conditions as of the move-out date (or may instead repair and deduct up to one month's rent). These remedies can be used no more than twice in any 12 months and are not available if the tenant caused the problem. Cal. Civ. Code § 1942(a), (c) |
| Colorado | No Colorado statute uses the term "constructive eviction," but the warranty-of-habitability law gives a move-out right. If an uninhabitable condition stays unrepaired, the tenant may end the lease with no liability or penalty by giving 10 to 60 days' written notice stating the condition, the intent to move out, and a move-out date at least 10 days away. A tenant may also end the lease on at least 10 days' notice if a repaired condition comes back within six months. If the landlord unlawfully locks the tenant out or willfully cuts off heat, water, electricity, gas or other essential services, the tenant can sue for actual damages plus the greater of three months' rent or $5,000, and the court may restore possession. C.R.S. §§ 38-12-507(1)(a)-(b), 38-12-510 |
| Connecticut | Yes. The official annotations to Connecticut's landlord-tenant chapter note an Appellate Court holding that the Landlord and Tenant Act did not replace the common-law claim for constructive eviction. By statute, if the landlord materially breaches the lease or the repair duties in § 47a-7 in a way that materially affects health and safety, the tenant may give written notice, and the lease ends if the breach is not fixed within 15 days. If the landlord willfully fails to supply heat, running water, hot water, electricity, gas or another essential service, the tenant may end the lease and recover the greater of two months' rent or double actual damages. Conn. Gen. Stat. §§ 47a-12(a), 47a-13(a); ch. 830 annotation citing 95 Conn. App. 658 |
| Delaware | No Delaware statute uses the term "constructive eviction," but the Landlord-Tenant Code gives similar move-out rights. If a condition deprives the tenant of a substantial part of the benefit or enjoyment of the bargain, the tenant may give written notice and end the lease if the landlord does not fix it within 15 days; if the condition makes the home uninhabitable or is an imminent threat to health or safety, the tenant may end the lease immediately after notice, without going to court. If the landlord caused the condition willfully or negligently, the tenant may recover the greater of the extra cost of substitute housing for the rest of the term, or one month's rent plus the security deposit. If heat, hot water, water or electricity is substantially not provided for 48 hours after notice, the tenant may end the lease immediately on written notice. 25 Del. C. §§ 5306, 5308(a) |
| District of Columbia | Yes. The District's official Tenant Bill of Rights says that if a landlord causes or permits a condition or circumstance that amounts to a constructive eviction, this may be a breach of the covenant of quiet enjoyment. The landlord also may not unreasonably interfere with a tenant's comfort, safety or enjoyment of the unit, or retaliate, to try to force the tenant out. D.C. Office of the Tenant Advocate, Tenant Bill of Rights (Form OTA 2026.09.25), §§ 7, 9; D.C. Code §§ 42-3402.10, 42-3505.02 |
| Florida | No Florida statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act gives a similar move-out right. If the landlord materially fails to comply with the duty to maintain the premises under § 83.51(1) or with material lease terms within 7 days after the tenant delivers written notice specifying the problem and stating the intent to terminate, the tenant may end the lease. If the failure is beyond the landlord's control and makes the unit untenantable and the tenant moves out, the tenant owes no rent while the unit stays uninhabitable. A landlord who cuts off utilities, changes the locks, or removes doors, windows or the roof to force the tenant out owes the greater of actual and consequential damages or 3 months' rent, plus costs and attorney's fees. Fla. Stat. §§ 83.56(1), 83.67 |
| Georgia | Yes, but it is rare. The state handbook says a landlord's failure to repair may amount to a constructive eviction, so the tenant does not have to pay rent, only if (1) the failure to repair has made the unit unfit to live in, (2) the unit cannot be restored to fit condition by ordinary repairs, and (3) the tenant moves out. A tenant who moves out without a valid constructive-eviction defense may still owe rent for the rest of the lease. Georgia Department of Community Affairs, Georgia Landlord-Tenant Handbook (rev. 8-29-24), p. 12 |
| Hawaii | No Hawaii statute uses the term "constructive eviction," but the Residential Landlord-Tenant Code gives a similar move-out right. If a condition deprives the tenant of a substantial part of the benefit and enjoyment of the lease, the tenant may notify the landlord in writing and end the lease if the landlord does not fix it within one week. No notice is needed if the condition makes the unit uninhabitable or poses an imminent threat to anyone's health or safety. If the landlord caused the condition willfully or negligently, the tenant may also recover damages. If the landlord locks the tenant out overnight without cause or a court order, the tenant may recover possession or end the lease and recover two months' rent (or two months' free occupancy) plus costs and reasonable attorney's fees. HRS § 521-63 |
| Iowa | No Iowa statute uses the term "constructive eviction," but the Uniform Residential Landlord and Tenant Law gives a similar move-out right. If the landlord materially breaches the lease or a repair duty under § 562A.15 that materially affects health and safety, the tenant may give written notice that the lease ends on a date at least seven days after the landlord receives it unless the landlord fixes the problem within seven days. If the landlord unlawfully locks out the tenant or willfully cuts off electric, gas, water or other essential service, the tenant may recover possession or end the lease and recover actual damages, punitive damages up to twice the monthly rent, and reasonable attorney fees. Iowa Code §§ 562A.21(1), 562A.26 |
| Kansas | No Kansas statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act gives a similar move-out right. If the landlord materially breaches the lease or a duty under K.S.A. 58-2553 that materially affects health and safety, the tenant may give written notice that the lease ends on a rent-paying date at least 30 days after the landlord receives it. The lease does not end if the landlord makes a good-faith start on fixing the problem within 14 days, but if the same or a similar breach happens again later, the tenant can give a new 30-day termination notice. If the landlord locks the tenant out or willfully cuts off electric, gas, water or other essential service, the tenant may recover possession or end the lease and recover the greater of 1.5 months' rent or actual damages. K.S.A. 58-2559(a), 58-2563 |
| Kentucky | No Kentucky statute uses the term "constructive eviction." Where the Uniform Residential Landlord and Tenant Act has been adopted locally, a tenant facing a material breach of the lease or of the landlord's maintenance duties affecting health and safety may give written notice that the lease ends at least 30 days after the landlord receives it if the breach is not fixed within 14 days. If the landlord locks out the tenant or willfully cuts off heat, water, hot water, electricity, gas or other essential service, the tenant may recover possession or end the lease and recover up to three months' rent plus a reasonable attorney's fee. KRS 383.625(1), 383.655 |
| Louisiana | No Louisiana statute uses the term "constructive eviction." Under the Civil Code, the landlord must keep the property suitable for its purpose and protect the tenant's peaceful possession, and warrants that it is free of defects that prevent its use. The Attorney General's guide says that if the landlord ignores a serious problem after notice, the tenant may terminate the lease, but this requires substantial proof that the landlord failed to perform, and ending a lease without enough cause has serious financial and legal consequences, so the tenant should get legal advice first. La. C.C. arts. 2682, 2696; Louisiana Attorney General, Moving In and Moving Out (landlord-tenant guide) |
| Maine | No Maine statute uses the term "constructive eviction." Making a home unlivable to force a tenant out, for example by willfully cutting off water, heat, electricity or other utilities, or denying the tenant access to the home or belongings without a court order, is an illegal eviction. The court must award the tenant the greater of actual damages or $250, and may award costs and reasonable attorney's fees. For serious habitability problems, a tenant may sue under the warranty of habitability, and the court can set the fair value of the unit and order a rent rebate for the period after the landlord got notice. 14 M.R.S. §§ 6014, 6021 |
| Maryland | No Maryland statute uses the term "constructive eviction." The statutory remedy for serious, dangerous defects is rent escrow: after written notice and a reasonable time for the landlord to repair, the tenant may ask the District Court to let rent be paid into court. The court may abate the rent, order repairs, or order the lease terminated and the premises returned to the landlord, subject to the tenant's right of redemption. A landlord who locks out a tenant or willfully cuts off heat, water, hot water, electricity or gas to force the tenant out owes actual damages plus reasonable attorney's fees and costs. Md. Code, Real Prop. §§ 8-211(h), (m), 8-216 |
| Minnesota | Yes, by statute. Minnesota's unlawful-exclusion law expressly covers "actual or constructive removal or exclusion" of a residential tenant, which may include cutting off utilities or removing doors, windows or locks. The tenant can file a verified petition in district court, and if the exclusion clearly appears unlawful the court must immediately order the tenant restored to possession. A landlord who unlawfully and in bad faith removes or keeps out a tenant owes treble damages or $500, whichever is greater, plus reasonable attorney's fees. Minn. Stat. §§ 504B.375, subd. 1, 504B.231 |
| Montana | No Montana statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act lets a tenant move out and stop paying rent in defined situations. If the landlord's failure to maintain the unit affects health and safety, the tenant may give written notice that the lease ends on a date at least 30 days later unless the landlord fixes the problem within 14 days (3 working days in an emergency). If the landlord purposefully or negligently cuts off heat, water, hot water, electricity, gas or other essential services, the tenant, after written notice and a reasonable chance to fix, may move to reasonable substitute housing and owes no rent while the problem lasts. MCA 70-24-406(1)(a); 70-24-408(1)(c), (3) |
| Nebraska | No Nebraska statute uses the term "constructive eviction," but the Uniform Residential Landlord and Tenant Act lets a tenant move out and stop paying rent in defined situations. For a material breach of the lease, or a failure to maintain the unit that materially affects health and safety, the tenant may give written notice that the lease ends on a date at least 30 days later unless the landlord fixes the breach within 14 days. If the landlord deliberately or negligently fails to supply running water, hot water, heat or essential services, the tenant may give written notice, move to reasonable substitute housing, and owes no rent while the problem lasts. Neb. Rev. Stat. 76-1425(1); 76-1427(1)(c), (3) |
| Nevada | No Nevada statute uses the term "constructive eviction," but NRS Chapter 118A lets a tenant move out or stop paying rent in defined situations. If the landlord fails to keep the unit habitable or breaches the lease, the tenant gives written notice; if the landlord does not fix it (or make best efforts) within 14 days, the tenant may end the lease immediately. If the landlord willfully or negligently fails to supply heat, air-conditioning, water, hot water, electricity, gas, a working door lock or another essential service so that the unit becomes unfit to live in, and does not fix it within 48 hours (excluding weekends and holidays) after written notice, the tenant may move to comparable housing while rent for the original unit fully abates, or withhold rent until the landlord tries in good faith to restore the service. NRS 118A.350, 118A.355, 118A.380 |
| New Jersey | Recognized. If the landlord fails to make needed repairs so that the home is not safe and decent, the tenant may move out and end the lease; the law treats the landlord as having broken the lease. This is called constructive eviction. The tenant must be able to prove the bad conditions. NJ Department of Community Affairs, Truth in Renting guide ("Termination of a Lease Agreement") |
| New Mexico | Recognized by the New Mexico Supreme Court. A tenant claiming constructive eviction generally must move out within a reasonable time after the landlord's acts deprive the tenant of the beneficial use of the premises. A delay in moving out may be excused if the tenant relied on the landlord's promises to fix the problem or the bad conditions kept coming back. A tenant must show actual or constructive eviction to sue for breach of the covenant of quiet enjoyment. By statute, a resident may also end the lease by written notice (at least 7 days) if the owner does not reasonably try to fix a material breach affecting health and safety within 7 days, and owes no rent for days the unit is uninhabitable and the resident does not live there. El Paso Natural Gas Co. v. Kysar Ins. Agency, Inc., 1982-NMSC-046, 98 N.M. 86, 645 P.2d 442; NMSA 1978, 47-8-27.1(A), 47-8-27.2(A)(2) |
| New York | Recognized. New York's highest court has held that a constructive eviction exists where, without physically removing the tenant, the landlord's wrongful acts substantially and materially deprive the tenant of the beneficial use and enjoyment of the premises — for example, loss of heat or water, or gas or foul odors that make the unit unfit to live in. To use it as a defense to rent, the tenant generally must actually move out of the affected space within a reasonable time; a tenant who stays in possession, even with greatly reduced use, cannot claim constructive eviction for that space. Barash v. Pennsylvania Terminal Real Estate Corp., 27 N.Y.2d 77, 83 (1970), as quoted in Fideor v. Stiewe, 2016 NY Slip Op 50973(U) (Webster Town Ct. 2016) |
| North Dakota | No North Dakota statute uses the term "constructive eviction," but state law lets a tenant move out and stop paying rent when the landlord fails to make repairs. If, within a reasonable time after the tenant's notice, the landlord neglects to repair dilapidations the landlord should repair, the tenant may move out and is then released from further rent and other lease obligations. A tenant may also end a lease early if the landlord does not, within a reasonable time after a request, secure the tenant's quiet possession, put the property in good condition, or repair it. N.D.C.C. 47-16-13(3); 47-16-17(1) |
| Ohio | No Ohio statute uses the term "constructive eviction," but the Landlord-Tenant Act lets a tenant end the lease over unfixed conditions. If the landlord fails to meet its repair and maintenance duties (or a government agency finds code violations materially affecting health and safety), the tenant may give written notice; if the landlord does not fix the condition within a reasonable time or 30 days, whichever is sooner, a tenant who is current on rent may terminate the rental agreement — or instead deposit rent with the court clerk or ask the court to order repairs or reduce rent. Ohio Rev. Code 5321.07(A)-(B) |
| Oklahoma | No Oklahoma statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act lets a tenant move out and stop paying rent in defined situations. If a landlord's failure to maintain the unit makes it uninhabitable or poses an imminent threat to health and safety and is not fixed as promptly as conditions require, the tenant may end the lease immediately by written notice describing the problem. For other material breaches affecting health or safety, the tenant may give written notice that the lease ends at least 30 days later unless fixed within 14 days. If the landlord willfully or negligently fails to supply heat, water, hot water, electricity, gas or another essential service, the tenant may, after written notice, end the lease immediately or move to reasonable substitute housing and owe no rent while the problem lasts. 41 O.S. § 121(A), (C), (D), (E) |
| Oregon | No Oregon statute uses the term "constructive eviction," but ORS Chapter 90 lets a tenant move out or stop paying rent in defined situations. For a material lease breach or a failure to keep the unit habitable, the tenant may give written notice that the lease ends at least 30 days later unless the landlord fixes the problem within 7 days (essential services) or 30 days (other problems); 7 days for week-to-week tenancies. If the landlord intentionally or negligently fails to supply an essential service and that makes the unit unsafe or unfit to occupy, the tenant, after written notice and a reasonable time to fix, may move to substitute housing, owe no rent while the problem lasts, and recover the reasonable extra cost of comparable housing. ORS 90.360(1); 90.365(1)(c) |
| Pennsylvania | Recognized. If the landlord's wrongful action interferes with the tenant's use and possession of the unit, the tenant must notify the landlord and allow a reasonable chance to fix it. If the landlord does not make the unit usable within a reasonable time and the tenant then actually moves out, the tenant has been constructively evicted from all or part of the unit and may have legal remedies. A tenant who stays in the unit generally cannot claim constructive eviction. Pennsylvania Office of Attorney General, Consumer Guide to Tenant and Landlord Rights (v1.1, June 13, 2022), Part III.D |
| Rhode Island | No Rhode Island statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act lets a tenant move out or stop paying rent in defined situations. For a lease breach, or a failure to maintain the unit that materially affects health and safety, the tenant may give written notice that the lease ends at least 30 days later unless the landlord fixes the breach within 20 days. If the landlord willfully or negligently fails to supply heat, water, hot water, electricity, gas or another essential service, the tenant, after notice, may move to reasonable substitute housing and owes no rent while the problem lasts, and may recover the substitute housing's reasonable cost (up to one period's rent) plus attorney's fees. R.I. Gen. Laws §§ 34-18-28(a), 34-18-31(a)(3), (b) |
| South Carolina | No South Carolina statute uses the term "constructive eviction," but the Residential Landlord and Tenant Act lets a tenant end the lease when the landlord fails to maintain the unit. For a material breach of the lease, or a failure to maintain the unit that materially affects health and safety or the property's physical condition, the tenant may give written notice that the lease ends at least 14 days later unless the landlord fixes the breach within 14 days (or, for a breach not affecting health and safety that cannot be fixed that fast, starts within 14 days and finishes in good faith within a reasonable time). S.C. Code § 27-40-610(a) |
| South Dakota | No South Dakota statute uses the term "constructive eviction," but state law lets a tenant move out and stop paying rent when the landlord fails to make needed repairs. If, within a reasonable time after notice, the landlord neglects repairs needed to make the premises fit to live in and in good and safe working order, the tenant may move out and is then released from further rent and other lease obligations. A tenant may also end a lease early if the landlord does not, within a reasonable time after a written request, secure the tenant's quiet possession, put the premises in good condition, or repair them. SDCL 43-32-9; 43-32-19(1) |
| Tennessee | No Tennessee statute uses the term "constructive eviction." In counties covered by the Uniform Residential Landlord and Tenant Act, if the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other landlord obligations that materially affect health and safety), the tenant must give written notice and may then move to reasonable substitute housing, owing no rent while the problem lasts, and recover the reasonable value of the substitute housing plus attorney's fees. Tenn. Code Ann. § 66-28-502(a) |
| Texas | No Texas statute uses the term "constructive eviction." Instead, the Property Code lets a tenant end the lease over unrepaired conditions: if the tenant (current on rent) gives the required notices about a condition that materially affects the physical health or safety of an ordinary tenant and the landlord does not make a diligent effort to repair within a reasonable time, the tenant may terminate the lease, get a pro rata rent refund, and deduct or recover the security deposit. The Code says its repair, habitability and security duties and remedies replace the common-law warranties and remedies on those subjects. Tex. Prop. Code §§ 92.052(a), 92.056(b), (e)-(f), 92.061 |
| Utah | No Utah statute uses the term "constructive eviction," but the Utah Fit Premises Act lets a renter end the lease over unfixed conditions. The renter serves a written notice of deficient condition describing each problem, the owner's correction period (3 calendar days for a habitability standard, 10 for a lease requirement), and the remedy the renter chooses. If the renter chose the rent-abatement remedy and the owner does not take substantial action to fix the problem in time, rent is abated from the notice date, the lease ends, the owner must immediately refund the entire security deposit and prorated prepaid rent, and the renter must move out within 10 calendar days. Utah Code § 57-22-6 |
| Vermont | No Vermont statute uses the term "constructive eviction," but state law lets a tenant end the lease or stop paying rent over serious habitability problems. If the landlord fails to meet its habitability obligations and, after actual notice from the tenant, a government entity or a qualified independent inspector, does not make repairs within a reasonable time, and the problem materially affects health and safety, the tenant may withhold rent for the period of noncompliance, end the rental agreement on reasonable notice, get a court order, and recover damages, costs and attorney's fees. 9 V.S.A. § 4458(a) |
| Virginia | No Virginia statute uses the term "constructive eviction," but the Virginia Residential Landlord and Tenant Act lets a tenant end the lease over the landlord's breach. For a material breach of the lease, or a breach of the Act materially affecting health and safety, the tenant may serve written notice that the lease ends at least 30 days later unless the landlord fixes the breach within 21 days. If the breach cannot be fixed, or the landlord intentionally repeats a breach of a like nature after fixing an earlier one, the tenant may give 30 days' written notice of termination without a cure period. Va. Code § 55.1-1234 |
| Washington | No Washington statute uses the term "constructive eviction," but the Residential Landlord-Tenant Act lets a tenant move out and stop paying rent over unrepaired defects. After the tenant gives written notice of a defect and the statutory repair period passes, if the landlord still fails to fix the condition within a reasonable time, the tenant may end the rental agreement and move out on written notice, owing no rent after the move-out date, and is entitled to a pro rata refund of prepaid rent and a full statement on the deposit. RCW 59.18.090(1); 59.18.070 |
| Wisconsin | No Wisconsin statute uses the term "constructive eviction," but state law lets a tenant move out when the unit becomes untenantable. If the premises become untenantable from fire, water or other casualty, from a condition hazardous to health, or from a substantial repair-duty violation materially affecting the tenant's health or safety, the tenant may move out unless the landlord promptly repairs, rebuilds or eliminates the hazard (or may move out anyway if the repair period would impose undue hardship). A tenant who justifiably moves out owes no rent after the premises became untenantable and gets back prepaid rent for that period. A tenant who stays may have rent abated to the extent the tenant loses normal use, but may not withhold all rent. Wis. Stat. § 704.07(4) |
| Wyoming | No Wyoming statute uses the term "constructive eviction," and the residential rental law does not give renters a self-help move-out remedy. Instead, a renter who is current on rent sends the owner a written notice of the unsafe condition (by certified mail or as the law allows), then a second "notice to repair or correct condition" if the owner does not respond or fix it within a reasonable time. If the owner still does not act within three days, or disputes the claim, the renter can sue in circuit court, and the court may end the rental agreement, order repairs, and award damages including rent improperly collected. If the court ends the agreement, the renter must move out 10 to 20 days later and gets back the rent balance and deposit within 30 days. Wyo. Stat. §§ 1-21-1203(b), 1-21-1206 |
Can I sue my landlord? (by state) · Glossary
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.