What is the main difference between actual eviction and constructive eviction?

The distinction between actual eviction and constructive eviction is fundamental in real estate law, particularly in landlord-tenant relationships. Actual eviction refers to the removal of a tenant from a rental property through legal action, typically requiring a court process. Landlords initiate this process when tenants violate lease terms, fail to pay rent, or engage in unlawful activities. This type of eviction is a formal and documented procedure governed by the legal system, ensuring that the rights of both landlords and tenants are respected.

On the other hand, constructive eviction occurs when a tenant is effectively forced to leave the premises due to the landlord's failure to maintain a habitable living environment or address severe issues that disrupt the tenant's use and enjoyment of the property, such as inadequate heating, plumbing failures, or pest infestations. While there may not be a formal court action leading to the tenant's departure, the conditions created by the landlord substantiate the tenant's claim that they can no longer reasonably reside in the property.

In essence, option B captures the critical elements that differentiate these two processes: actual eviction is legally enacted through the courts, while constructive eviction arises as a consequence of the property's uninhabitability, compelling the tenant to leave. This understanding is crucial for anyone involved in real estate transactions