Property Bar Practice Exam 2025 – Your All-In-One Guide to Master the Property Bar Exam!

The distinction between actual eviction and constructive eviction centers around the nature of the tenant's departure and the circumstances surrounding it.

Actual eviction refers to the physical removal of a tenant from the property by the landlord. This process often involves legal action and usually is a direct response to the tenant's failure to comply with lease terms, such as non-payment of rent. When a landlord initiates actual eviction, they utilize formal procedures to regain possession of the property, ensuring that the removal is done lawfully and typically involving the judicial system.

On the other hand, constructive eviction does not involve the landlord physically removing the tenant but occurs when the living conditions become so intolerable or uninhabitable due to the landlord's failure to maintain the property or fulfill their obligations under the lease. For example, if a landlord neglects to fix a severe plumbing issue resulting in flooding, this may create conditions that push the tenant to leave the property. Essentially, constructive eviction allows the tenant to claim that they were effectively forced to vacate due to the landlord's actions or inactions.

This understanding highlights the key difference between the two concepts: one involves forced removal by the landlord, while the other pertains to the tenant's inability to continue residing in the property due to the un