Delaware Property Bar Practice Exam

The distinction between actual eviction and constructive eviction centers around the nature of the tenant's experience and the actions taken by the landlord. Actual eviction refers to a situation where a landlord takes physical action to remove a tenant from the rental property. This could involve changing the locks, physically removing the tenant’s belongings, or, in some cases, involving law enforcement to carry out the eviction process. Here, the tenant is, indeed, forcibly removed from the premises, which is a direct and tangible act.

On the other hand, constructive eviction occurs when a landlord fails to maintain the property in a way that makes it habitually uninhabitable for the tenant, leading the tenant to rightfully leave the premises. This failure can include significant issues such as lack of heat, water leaks, unsafe living conditions, or other violations of the tenant's right to a livable environment. In this case, while the tenant is not physically removed by the landlord, the conditions created effectively force them out.

Understanding this difference is crucial as it impacts tenants' rights and remedies available under the law. For instance, a tenant facing actual eviction must adhere to specific legal procedures to contest the eviction or seek damages, while a tenant experiencing constructive eviction may have grounds to terminate the lease