Property Management

In South Dakota, what is 'constructive eviction'?

AA formal court-ordered eviction proceeding
BWhen a landlord's failure to maintain habitable conditions forces the tenant to vacate, entitling the tenant to terminate the lease✓ Correct
CWhen a tenant is evicted for non-payment of rent
DAn eviction that occurs during the winter months

Explanation

Constructive eviction occurs when the landlord's failure to provide a habitable premises (failure to maintain heat, make essential repairs, etc.) effectively forces the tenant to vacate. The tenant may terminate the lease without further rental obligation and may pursue damages.

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