What constitutes a constructive eviction?

Constructive eviction occurs when a tenant or occupant is effectively forced to leave a property due to conditions created by the landlord that make the premises uninhabitable or significantly impair the tenant’s ability to use the property. This legal concept does not require an actual eviction process to take place; rather, it stems from the actions or inactions of the landlord that significantly disrupt the tenant’s ability to enjoy the premises.

In the context of the options provided, the notion of the grantee being threatened by a paramount title holder represents a scenario where the tenant’s rights to possess or enjoy the property are jeopardized by a superior claim. This can give rise to a situation where the tenant feels they must leave due to the unresolved legal conflict.

Similarly, if a grantee buys out an encumbrance, it indicates that the tenant or grantee may be forced to act to maintain their rights to the property, as their enjoyment is compromised by the burden of an encumbrance. The grantee's actions can be understood as a response to distressing conditions that could lead to constructive eviction.

Finally, a court order requiring the grantee to give up possession is a more direct form of eviction, but it can also reflect circumstances leading up to constructive eviction. The