Partial eviction
Unlike a complete eviction, where the tenant loses access to the entire premises, a partial eviction allows the tenant to continue occupying part of the property.
Everyone has a wild landlord story, and that’s typically how the partial eviction scenario comes to light, as maybe a landlord takes over the back one room of a multi-room commercial lease, or closes off access to certain common amenities that were part of the original rental agreement.
Types of Partial Eviction
Actual partial eviction
When a landlord physically removes a tenant from a portion of the leased premises, either through direct action or by rendering part of the property unusable.
Constructive partial eviction
When conditions in part of the property become so uninhabitable that the tenant effectively loses use of that portion, though they aren’t physically barred from it.
Legal Standing
- Tenants may be entitled to a proportional reduction in rent based on the percentage of the property they can no longer use.
- In many jurisdictions, partial eviction can serve as grounds for the tenant to terminate the lease entirely.
- If the landlord’s actions were improper, the tenant may have grounds for legal action to recover damages.