Oregon 30-Hour Real Estate Law Practice Test

What is termed as 'constructive eviction' in rental agreements?

1. A legal eviction process initiated by the landlord

2. A tenant leaving due to the property being uninhabitable

3. Renters voluntarily giving up their lease

4. Immediate eviction from the unit by the landlord

The correct answer is: A tenant leaving due to the property being uninhabitable

Constructive eviction occurs when a tenant is forced to leave a rental property because it has become uninhabitable or unsuitable for living conditions, usually due to actions or negligence on the part of the landlord. This could involve situations like lack of essential services such as heat, water, or electricity, or conditions that violate health and safety codes. When the landlord fails to maintain the property in a habitable state, despite being notified, the tenant has the right to consider the rental agreement breached and can choose to leave the property. The key aspect of constructive eviction is that the tenant does not have to go through formal eviction processes; they can vacate the property based on the landlords' failure to provide a livable environment. This legal concept protects tenants and holds landlords accountable for maintaining their rental properties. In relation to the other choices, a legal eviction process initiated by the landlord refers to the formal proceedings to remove a tenant which do not involve the tenant's decision to leave due to poor living conditions. Renters voluntarily giving up their lease pertains to the tenant's choice rather than a forced situation, while immediate eviction by the landlord is a straightforward legal removal rather than a constructive process based on uninhabitable conditions.