What is an affirmative defense regarding constructive eviction?

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1271853

2026-08-17 02:25

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An affirmative defense regarding constructive eviction occurs when a tenant claims they were effectively forced to leave a rental property due to the landlord's actions or negligence, which made the premises uninhabitable. This defense asserts that the landlord failed to provide essential services or maintain the property, violating the lease agreement. If successfully proven, it can protect the tenant from liability for unpaid rent or lease violations. The tenant must demonstrate that they vacated the property in response to the landlord's failure to uphold their obligations.

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