Which legal action allows a tenant to terminate a lease due to the landlord's negligence?

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Constructive eviction is the legal action that allows a tenant to terminate a lease when the landlord's negligence or failure to provide essential services substantially interferes with the tenant's enjoyment of the property. This concept is based on the idea that if the landlord does not maintain the premises in a habitable condition, making it difficult or unsafe for the tenant to live there, the tenant has the right to consider the lease effectively void and vacate the property without penalty.

In cases of constructive eviction, the tenant must typically demonstrate that the landlord's actions or failures significantly impacted their ability to use and enjoy the rented space, such as not addressing significant repairs, pest infestations, or lack of basic utilities. In contrast, eviction refers to the process initiated by the landlord to remove a tenant for failure to pay rent or breach of lease terms, and rescission denotes the act of canceling a contract, which does not specifically apply to tenant-landlord relationships in this context. Lease termination, while related, does not inherently convey the negligence aspect essential for constructive eviction.

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