Property Ownership
In Pennsylvania, what is 'constructive eviction' and what must a tenant prove to claim it?
AA physical eviction where the landlord changes the locks without a court order
BWhen a landlord's failure to maintain habitable conditions makes the property so uninhabitable that the tenant is forced to abandon it, the tenant may claim constructive eviction and be released from lease obligations✓ Correct
CWhen a tenant is evicted to make room for new construction on the property
DAn eviction notice that is constructively served by posting on the door
Explanation
Constructive eviction occurs when a landlord's breach of duty to maintain habitable conditions is so severe that the tenant is effectively forced to vacate — even though no formal eviction occurred. To claim constructive eviction in Pennsylvania, the tenant must: (1) show the landlord breached a material duty (failed to provide heat, water, or safe conditions); (2) give notice and allow a reasonable time to cure; (3) actually vacate within a reasonable time. A tenant who stays cannot later claim constructive eviction.
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