What constitutes 'constructive eviction'?

Constructive eviction occurs when a landlord's actions or failure to act make a rental property uninhabitable or significantly interfere with the tenant's ability to enjoy the premises. This concept is based on the principle that tenants have the right to live in and use their rented space comfortably, with access to essential services such as water, electricity, and heat.

When a landlord fails to provide essential services—like heat in winter, running water, or necessary repairs—they effectively force the tenant to leave the property, even if the tenant does not formally receive a notice to vacate. This failure creates conditions that make living in the property intolerable, therefore leading to a situation of constructive eviction.

The other options do not align with the definition. A tenant leaving without notice does not indicate that the landlord has made living conditions untenable. Providing excess amenities is irrelevant to constructive eviction as it does not detract from the tenant's ability to enjoy the property. Similarly, a tenant being temporarily absent does not affect the landlord's obligations or the state of the property. Thus, the only condition that accurately describes constructive eviction is the landlord’s failure to provide essential services.