What is the key difference between "actual eviction" and "constructive eviction"?

The distinction between actual eviction and constructive eviction centers on the circumstances and mechanisms through which a tenant may be effectively removed from a property.

Actual eviction refers specifically to a legal process where a landlord takes formal action to remove a tenant from a rental property. This typically involves a court proceeding wherein the landlord obtains a judgment that allows law enforcement to physically remove the tenant from the premises. In this scenario, the tenant must leave the property, and the action taken by the landlord is visible and unambiguous: it results in the tenant being forcibly removed.

On the other hand, constructive eviction occurs when a tenant is forced to leave the property due to conditions that make the premises uninhabitable. These situations may arise from serious issues such as lack of heat, significant water leaks, or other substantial breaches of the lease agreement that compromise the tenant's ability to use the property as intended. In a constructive eviction scenario, the tenant does not need to wait for formal legal action; instead, the tenant may rightfully consider the lease terminated if the landlord fails to address these severe conditions. The tenant effectively "evicts" themselves, although the conditions prompting this choice were created by the landlord's inaction or negligence.

This definition clarifies why the correct answer highlights actual