In cases of constructive eviction, what must the tenant do after the landlord fails to fix the issue?

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In cases of constructive eviction, the tenant must vacate the property within a reasonable time after the landlord fails to remedy a significant issue that affects their ability to use and enjoy the premises. Constructive eviction occurs when the landlord's actions or failures create conditions that essentially force the tenant to leave. However, the tenant should not leave immediately without providing the landlord a chance to fix the problem or without giving notice.

Allowing for a reasonable time acknowledges that the tenant has to make an effort to address the situation, but ultimately, if the landlord does not take the necessary steps to resolve the issue, the tenant has the right to leave. This timeframe gives the tenant protection against losing their rental rights prematurely and ensures that they are not unfairly penalized for leaving without an opportunity for the landlord to correct the issue. This principle helps to maintain a fair balance between tenant rights and landlord responsibilities in rental agreements.

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