As a tenant in New York City, you may have heard the term constructive eviction and wondered what it really means. Unlike a traditional eviction where a landlord legally removes you from the property constructive eviction occurs when your landlord fails to maintain the premises, creating conditions so unbearable that you are forced to leave. Under New York law, tenants may claim constructive eviction when landlords neglect essential services, like heat, water, or hot water, or fail to repair severe issues such as mold, pests, or structural hazards. These conditions significantly interfere with your "use and enjoyment" of the apartment, effectively pushing you out.
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