Which of the following is an element of constructive eviction under the implied warranty of quiet enjoyment?

• A. The tenant must vacate the premises.
• B. The landlord must physically remove the nuisance.
• C. The tenant must pay double rent during interference.
• D. The landlord is automatically liable even without interference.

Answer: (A)

Constructive eviction happens when the landlord’s breach of the implied warranty of quiet enjoyment makes the premises uninhabitable or unusable for the tenant. A central indicator is that the tenant cannot continue living there and must leave. In other words, the tenant must vacate the premises (within a reasonable time) to show that the interference was so substantial that the lease is effectively terminated. The other choices misstate what triggers constructive eviction: a nuisance need not be physically removed by the landlord, rent doubling isn’t a rule, and liability isn’t automatic without actual interference.