Constructive Eviction Clause Examples for Any Agreement

Constructive Eviction. When conditions beyond the control of resident cause the premises to become legally uninhabitable, and when owner/agent is responsible for remedying those conditions but does not do so within a reasonable time after notification by resident, resident may vacate the premises, terminate this lease, and owe no future rent. It is recommended that resident consult legal counsel prior to exercising the remedy of constructive eviction.**

Constructive Eviction. Lessee shall not be entitled to claim a constructive eviction from the Leased Premises unless Lessee has first notified Lessor in writing of the condition giving rise thereto, and, if the complaints are justified, unless Lessor has failed to remedy such conditions with a reasonable time after receipt of said notice.

Constructive Eviction. Except as expressly set forth to the contrary in this Lease, neither (a) the performance by Landlord, Tenant or others of any decorations, construction, repairs, Alterations, additions or improvements in, to or on the Building, Land or the Premises, nor (b) any damage to the Premises or to Tenant’s Property, nor any injury to any persons, caused by other tenants or persons in the Building, or by operations in the construction of any private, public or quasi-public work, or by any other cause, nor (c) any temporary covering or bricking up of any windows of the Premises required for Landlord to perform any maintenance or repairs or as required by Applicable Laws, nor (d) the interruption or cessation of any services to the Premises, nor (e) any inconvenience or annoyance to Tenant or injury to or interruption of Tenant’s business by reason of any of the events or occurrences referred to in the foregoing subdivisions (a) through (e) shall constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of Rent, or relieve Tenant of any of its obligations under this Lease, or impose any liability upon Landlord, or Landlord’s Representatives.

Constructive Eviction. Lessee shall not be entitled to claim a constructive eviction for any cause unless Lessee shall have notified Lessor in writing of the condition or conditions given rise to such claim and, if the complaint be justified, and unless Lessor shall have failed within a reasonable time after receipt of such notice to commence remedying such conditions. The holder of the first mortgage shall have the right, but not the obligation, to cure the default.

Constructive Eviction. When conditions beyond the control of resident cause the premises to become legally uninhabitable, as defined by Colorado Revised Statutes, Sections 00-00-000 et seq., and when owner/agent is responsible for remedying those conditions but does not do so within a reasonable time after notification by resident, resident may vacate the premises, terminate this lease, and owe no future rent. [It is recommended that resident consult legal counsel prior to exercising the remedy of constructive eviction]**

Constructive Eviction. Lessee shall not be entitled to claim constructive eviction from the premises until Lessee shall first notify Lessor in writing of the condition or conditions giving rise thereto, and, if the complaints be justified and sufficient to make out a claim of construction eviction, unless Lessor shall have failed within fifteen (15) business days after Lessor's receipt of notice to remedy such conditions. In the event Lessor breaches any term and condition hereunder and fails to cure the same within fifteen (15) business days following receipt of notice from Lessee. Lessee may (i) remedy the breach and Lessor shall be responsible for the costs thereof which payment shall be made by Lessor to Lessee within ten (10) days following Lessor's receipt of notice thereof or (ii) terminate this lease. Lessor may show premises to prospective purchasers and mortgagees at any time, and, during the four months prior to termination of this lease, to prospective tenants, during business hours upon reasonable notice to Lessee, which said notice shall not be subject to the requirement of paragraph 27 herein. All property of Lessee remaining on the premises at the expiration of the lease, or any renewal thereto shall conclusively be deemed abandoned and may be removed by the Lessor, and Lessee hereby agrees to reimburse the Lessor the costs of such removal. Lessor may have any such property stored at Lessee's risk and expense.

Constructive Eviction. TENANT shall not be entitled to claim a constructive eviction from the leased premises unless TENANT shall have first notified LANDLORD in writing of the condition or conditions giving rise thereto and unless LANDLORD shall have failed to remedy such conditions as soon as reasonably practical after receipt of such notice. Notwithstanding the foregoing to the contrary, in the event the conditions relied on by TENANT do not constitute a constructive eviction, then no such eviction shall be deemed to have occurred regardless of the fact that LANDLORD may not have remedy TENANT's complaints.

Constructive Eviction. Except as otherwise expressly set forth in this Lease, the proper exercise of any right reserved to Landlord in this Article shall not constitute an actual or constructive eviction, in whole or in part, or entitle Tenant to any abatement or diminution of rent, or relieve Tenant from any of its obligations under this Lease or impose any liability upon Landlord or Landlord’s agents, or upon the holder of a Mortgage.

Constructive Eviction. Although not referenced in the Landlord Tenant Law, constructive eviction has been identified as a defense to eviction as well as giving rise to a cause of action. The Florida Supreme Court recognized and defined the constructive eviction defense in Xxxxxxx x. Xxxxx, 138 So. 494, 495–96 (1931) as improper action by LL that renders the premises, “unsafe, unfit, or unsuitable for occupancy in whole, or in substantial part, for the purposes for which they were leased.” However, this defense is essentially an extreme form of material non-compliance and is subject to the same notice requirement as set forth in § 83.56(1), Fla. Stat. Xxxxxxx x. Xxxxxx, 126 So.3d 1221 (Fla. 4th DCA 2012).