Which term refers to a situation where a tenant vacates due to being unable to enjoy the leased premises?

Study for the New Mexico Broker State Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

The term that describes a situation where a tenant vacates because they are unable to enjoy the leased premises is known as constructive eviction. This legal concept occurs when a landlord fails to fulfill their obligations under the lease, resulting in conditions that make it impossible for the tenant to continue living in or using the property as intended. For instance, if essential services such as heat, water, or repairs are not provided, the tenant may be compelled to leave the premises, signifying that their rights under the lease have been violated.

Understanding constructive eviction is important because it highlights the responsibilities of landlords to maintain a habitable and functional living environment. If a tenant successfully demonstrates constructive eviction, they may be entitled to terminate the lease without penalty and could potentially seek damages for any losses incurred due to the landlord's failure.

While actual eviction refers to the physical removal of a tenant from the property, leasehold estate pertains to the legal interest a tenant has in the property, and holdover tenancy refers to a situation where a tenant remains in possession of a rental property after the lease has expired. These definitions all differ from constructive eviction, which is specifically about the inability to enjoy the premises leading to a tenant's departure.

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