Illinois Real Estate Practice Exam

What occurs in a situation of Constructive Eviction in a lease agreement?

1. The tenant voluntarily vacates the property

2. The landlord forces the tenant out for non-payment

3. The landlord's actions render the unit uninhabitable

4. The tenant sublets the unit illegally

The correct answer is: The landlord's actions render the unit uninhabitable

In a situation of Constructive Eviction, the key element is that the landlord's actions have made the rented unit uninhabitable or significantly impaired the tenant's ability to enjoy and use the property. This can happen through various means, such as inadequate maintenance, failure to provide essential services (like heat or water), or creating an environment that poses a risk to health and safety. Although the tenant does not receive a formal eviction notice, the conditions created by the landlord are so severe that the tenant is effectively forced to leave because they cannot reasonably continue to occupy the space. This concept is important in lease agreements, as it emphasizes the landlord's obligation to maintain the property in a habitable condition. If a tenant does experience such conditions and subsequently vacates the property, they may have legal grounds to terminate the lease without penalty due to the landlord's failure to uphold their responsibilities.