SMALL BUSINESS FOCUS: Constructive Eviction in Commercial Leases
Most residential renters know that in the District of Columbia (DC) they have a warranty of habitability and right to quiet enjoyment of their homes implied by law in every residential lease. These rights allow them to stop paying rent and vacate the property when the landlord’s failure to make repairs renders their home uninhabitable. If the landlord sues them for rent payments, the tenant can assert a “constructive eviction” defense to avoid paying the rent and in some cases, even ask for money damages, if, for example, there is damage to personal property.…