2026 Themis MBE Real Property Practice Exam – Complete Test Prep

The main idea is that when the landlord’s failure to maintain the property makes the dwelling uninhabitable, and the tenant leaves as a result, the situation is a constructive eviction. Here, the landlord’s breach renders the premises uninhabitable, so the tenant’s departure terminates the lease in effect even though the landlord didn’t physically kick them out. Constructive eviction hinges on a substantial interference with the tenant’s use and enjoyment due to the landlord’s fault, followed by the tenant vacating. It’s different from actual eviction, where the landlord physically removes the tenant, and from partial eviction, which would involve eviction from only part of the premises.