Affiliate Broker Tennessee (TN PSI) National Practice Exam `

When a tenant faces issues that seriously impair their living conditions, this is often addressed as what type of eviction?

1. Standard eviction

2. Constructive eviction

3. Retaliatory eviction

4. Preventive eviction

The correct answer is: Constructive eviction

The scenario described refers to a situation where a tenant's living conditions are significantly compromised, prompting them to seek legal recourse. This situation is specifically termed as constructive eviction. Constructive eviction occurs when a landlord fails to maintain habitable premises, making it impossible for the tenant to live there comfortably, thereby compelling the tenant to leave the property. Even though the tenant may not have been formally evicted by the landlord, the severity of the living conditions effectively forces them to vacate, hence the term "constructive." This concept exists to protect tenants from landlords who neglect their responsibilities, ensuring that tenants have the right to seek remedies when their living situation is untenable due to the landlord’s inaction or inadequate maintenance. For instance, issues such as severe mold, lack of heat in winter, or persistent water leaks that render the space unlivable fall under this definition. In contrast, other forms of eviction, such as standard eviction, typically refer to the formal legal process wherein a landlord addresses lease violations or failures to pay rent. Retaliatory eviction involves a landlord evicting a tenant in response to the tenant exercising their rights, such as reporting health and safety violations. Preventive eviction is not commonly recognized in real estate terminology, which makes it