constructive eviction

• Constructive Eviction

The disturbance, by a landlord, of a tenant's possession of premises that the landlord makes uninhabitable and unsuitable for the...

• West's Encyclopedia of American Law
• Com–Dor

• GMS Mgt. Co. v. Nguyen, (Ohio 2008)

breach of contract, constructive eviction, App. R. 16(A)(7), liquidated damages, Civ. R. 59

• Ohio Supreme Court

• Landlord/Tenant Rights

... the premises are uninhabitable, a constructive eviction may occur. This may allow the tenant to...

• Gale Encyclopedia of Everyday Law
• Real Estate

• U.S. Court of Appeals for the 2nd Circuit Case Summaries: July 1, 2009

S. Court of Appeals for the 2nd Circuit Constructive Eviction

• Daily Record (Rochester, NY)
• July 02, 2009

• Mac's Shell Service, Inc. v. Shell Oil Products Co., 559 U. S. (2010)

... franchisor and its assignee had constructively “terminate[d]” their franchises and constructi... recognized the concept of constructive eviction. See Rapacz, Origin and Evolution of Constructive ...

• U.S. Supreme Court

• Chelsea GCA Realty Partnership, L.P. v. Pilgrim Silk Flowers, Inc., (Ohio 2004)

LEASES – commercial lease, contractual obligation; demised premises; advertisements; magistrate’s decision; Civ.R. 53; objections; failure to submit transcript with trial court; error of law; constructive eviction; affirmative defense; Civ.R. 15(B); failure to object. FORECLOSURE – notice of appeal; jurisdiction; stay; order of foreclosure; sheriff’s sale; final appealable order.

• Ohio Supreme Court

• Tenant of Arson-Damaged Cafe Wins Judgment

The operator of a downtown Baltimore restaurant which never reopened after it was damaged by arson has won a $247,900 constructive eviction judgment against the property's owner who took more than five months to begin repairs. Retired Baltimore City Circuit Judge Joseph H. Kaplan sided with R.E.G. Foods Inc., whose Lexington Street Cafe was open for just four days in October 2006, over landlord Chiabuotu F. Chikwere after a three-day trial this month. In addition to the monetary award, Kaplan terminated R.E.G.'s lease.

• The Daily Record (Baltimore)
• March 31, 2008

• Don't Landmark Church Building

The article "Modernism worthy of preserving" (Arts&Culture, Saturday) contains several incorrect points that undermine the claim that the Third Church of Christ, Scientist building at 16th and I Streets Northwest is worthy of being landmarked. First, the interior of the church building cannot be landmarked legally. As for the second error, while adaptive reuse may be a standard fix for landmarked structures, the Third Church is not a typical building. Engineering studies show that it is not possible to significantly modify the interior or exterior of this interdependent design structure, with its reinforced concrete, to meet the needs of the Third Church. As a consequence, landmark designation of our church would constitute constructive eviction - being forced from our building by gover...

• The Washington Times
• December 06, 2007

• Reliastar Life Insurance Company of New York v. Home Depot U.S.A., Inc., (2nd Cir. 2009)

... prohibit Home Depot from asserting constructive eviction as a defense to ReliaStar's claims arisin...

• Federal Circuits

• A Herculean leap for the hard case of post-acquisition claims: interpreting Fair Housing Act section 3604(b) after Modesto.

... phase or that amounts to constructive eviction. The Seventh Circuit's recent decision to...

• Fordham Urban Law Journal
• Vol. 37 Nbr. 4, October 2010