Constructive Eviction as a Cause of Action in New York

In New York, a tenant may have a legal claim for constructive eviction when their landlord’s wrongful conduct interferes so significantly with the use of the rental space that it forces the tenant to leave, even though there was no actual physical expulsion. While the term “eviction” typically brings to mind a marshal or sheriff removing someone from their home or business, constructive eviction is based on indirect actions that make the space essentially unlivable or unusable.

No Need for Physical Expulsion

A claim for constructive eviction does not require the landlord to physically remove the tenant. Instead, it focuses on whether the landlord’s behavior has made it practically impossible for the tenant to stay. This is important because tenants may be driven out not by a formal notice or force, but by ongoing conditions that make continued occupancy unreasonable.

Wrongful Acts by the Landlord

The tenant must show that the landlord engaged in wrongful acts. These can include failing to fix major issues like broken plumbing, refusing to address health hazards, turning off essential services such as heat or electricity, or interfering with access. The key is that the landlord’s actions, or in some cases, inaction, are not just frustrating or inconvenient, they must be considered wrongful and substantial under the law.

Substantial and Material Deprivation

To prove constructive eviction, the tenant must demonstrate that they were substantially and materially deprived of the beneficial use and enjoyment of the premises. This means the problem must be serious enough that a reasonable person in the tenant’s position would not be expected to continue living or working in the space. For example, if a commercial tenant cannot operate their business because of persistent leaks or rodent infestations, this could meet the standard. Minor annoyances or issues that can be resolved with small repairs usually do not rise to the level of constructive eviction.

The Tenant Must Vacate the Premises

Importantly, New York courts generally require that the tenant actually vacate the premises before a constructive eviction claim can proceed. If the tenant remains in the space, it can be difficult to argue that the conditions were bad enough to justify leaving. This requirement emphasizes that the situation must be so intolerable that moving out was the only reasonable choice.

Conclusion

Constructive eviction offers legal protection to tenants who are forced to leave their rental spaces because of their landlord’s misconduct. It applies when the landlord’s actions, or failure to act, make it impossible to reasonably use and enjoy the premises. However, the threshold is high. Tenants must prove that the deprivation was substantial, the landlord’s behavior was wrongful, and that they had no real choice but to leave. Understanding these elements helps both landlords and tenants recognize when a rental relationship has crossed into unlawful territory.

Find the Law

“To establish a claim for constructive eviction, a tenant need not prove physical expulsion, but must prove wrongful acts by the landlord that ‘substantially and materially deprive the tenant of the beneficial use and enjoyment of the premises ( see Barash v Pennsylvania Term. Real Estate Corp., 26 NY2d 77, 83; Pacific Coast Silks, LLC v 247 Realty, LLC, 76 AD3d 77).” Nazrisho Assoc., P.C. v. Kostas E, LLC, 2011 N.Y. Slip Op. 31612, 7 (N.Y. Sup. Ct. 2011)