Constructive Eviction

Constructive eviction — Constructive eviction happens when the landlord never orders anyone out but lets conditions become so bad, here raw sewage, that living there is impossible and the tenant leaves. Actual eviction means the landlord physically ousts the tenant or shuts them out. A tenancy at sufferance and a holdover tenancy both describe a tenant who stays on past the lease term, which is the reverse of a tenant driven away by unlivable conditions.

Source: PSI National Real Estate Exam Content Outline §8 Leasing & Property Management · checked 2026-07-11

Possession will not be disturbed by someone with a superior claim of title — Quiet enjoyment assures the grantee that possession will not be upset by a third party proving better title, and it is breached only by an actual or constructive eviction. Noise ordinances are municipal regulations no deed covenant touches. Landscaping before closing would be a contract term, not a covenant of title. Nothing stops a new owner from mortgaging the property afterward, so a promise about future mortgages is meaningless.

Source: PSI National Real Estate Exam Content Outline §9 Transfer of Title · checked 2026-07-11