What elements are required to establish constructive eviction?

To establish constructive eviction, several key elements must be present, and the correct set includes substantial interference, notice, and goodbye.

Substantial interference refers to a significant disruption of the tenant’s use and enjoyment of the leased premises—typically caused by the landlord's actions or failures to act. This disruption must be more than mere inconvenience; it should be a condition that effectively makes the property uninhabitable or significantly undermines its intended use.

Notice is crucial in this context because the tenant must inform the landlord of the issue leading to the constructive eviction. This gives the landlord an opportunity to remedy the situation. Failing to provide notice may weaken the tenant's case since the landlord is not given a chance to fix the issue.

The term "goodbye" reflects the tenant's requirement to vacate the premises after experiencing substantial interference and providing notice to the landlord. If the tenant continues to stay and does not leave, it might undermine their claim of constructive eviction, as they may be interpreted as accepting the conditions.

In summary, substantial interference acknowledges the severity of the issue, notice provides the landlord a chance to address it, and the act of leaving signifies the tenant's response to the untenable living conditions.