Property OwnershipIntermediateDelaware Exam

What is 'constructive eviction' and how does it give a Delaware tenant the right to leave?

AEviction accomplished simply by changing the locks without any court proceedings, which always gives the tenant a right to sue, in most cases
BEviction resulting from landlord's failure to maintain habitable conditions, allowing tenant to vacate and be relieved of rent obligationsCorrect
CEviction ordered by the building inspector for code violations
DEviction after a quiet title proceeding removes the landlord's ownership

Why Eviction resulting from landlord's failure to maintain habitable conditions, allowing tenant to vacate and be relieved of rent obligations Is Correct

Answer B: Eviction resulting from landlord's failure to maintain habitable conditions, allowing tenant to vacate and be relieved of rent obligations

Constructive eviction occurs when a landlord's actions or inactions (like failure to maintain heat, water, or security) make the premises uninhabitable, effectively forcing the tenant to leave. The tenant may then be relieved of rent obligations.

Exam Tip: Property Ownership

Property ownership questions test the bundle of rights and different forms of ownership. Know the differences between joint tenancy, tenancy in common, and community property, including the right of survivorship.

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