New Mexico Real Estate Practice Exam

Question: 1 / 400

What is a tenant's legal right during constructive eviction?

To remain in the property without paying rent

To seek legal remedies if the property becomes uninhabitable

The correct answer relates to the legal concept of constructive eviction, which occurs when a landlord fails to provide a livable property, thereby making it uninhabitable for the tenant. In such cases, the tenant has the right to seek legal remedies to address the situation. This may include pursuing damages for the landlord's failure to maintain the property, seeking termination of the lease, or even constructive eviction claims, allowing the tenant to vacate the property without penalty.

Understanding this concept is critical for tenants who are facing issues such as unsafe living conditions, lack of essential services, or significant disrepair that impairs their enjoyment of the property. The law recognizes that tenants should not be forced to live in conditions that violate health or safety codes, giving them legal avenues to rectify the situation or seek compensation.

The other options do not accurately reflect the legal realities surrounding constructive eviction. While a tenant could potentially argue for reduced rent in certain circumstances, this is not a straightforward legal right pertaining to constructive eviction. Similarly, remaining in the property without paying rent is not a right afforded to the tenant under these conditions, nor does the tenant have the unilateral power to force repairs without going through proper legal channels. Each of these aspects underscores the importance of understanding tenant rights in the

Get further explanation with Examzify DeepDiveBeta

To force the landlord to make repairs

To negotiate lower rent due to property conditions

Next Question

Report this question

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy