What does a constructive eviction allow a tenant to do?

Study for the 75 Hour Broker Pre Licensing Test. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A constructive eviction occurs when a tenant is forced to leave a rental property because the landlord fails to maintain a habitable environment or significantly breaches their responsibilities under the lease agreement. This situation effectively deprives the tenant of their use and enjoyment of the property, prompting them to seek termination of the lease.

When a tenant successfully claims constructive eviction, they are allowed to terminate their lease without penalties because it is the landlord's failure to uphold their obligations that has created an unlivable situation. The tenant is essentially asserting that they should not be held responsible for remaining in a lease for a property that is not habitable, thus justifying their decision to leave without facing additional penalties such as losing their security deposit or being subject to lease-breaking fees.

The other options do not accurately reflect the implications of constructive eviction. Negotiating lower rent may be a separate issue and would not be a direct result of a constructive eviction situation. Performing repairs on their own may indicate the tenant is still accepting the premises despite the problems, which could undermine their claim of constructive eviction. Subletting the property generally involves the landlord's consent and does not align with the situation wherein a tenant is seeking to exit the lease due to a significant breach by the landlord.

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