This section is from the book "Practical Real Estate Methods For Broker, Operator & Owner", by Thirty Experts. Also available from Amazon: Practical Real Estate Methods for Broker, Operator, Owner.
The tenant is not liable for the rent if he has been evicted. Eviction may be total or partial, that is to say, the tenant may be interfered with in his possession of the entire property, or only as to a portion of the property. Eviction may also be either actual or constructive. Actual eviction explains itself. Constructive eviction arises from a condition where the tenant's enjoyment of the property is so interfered with that he is deprived of the beneficial use of the property. Thus, where a dentist hired the second floor of a house and had frequent callers in the course of his business, and the bells were muffled, and carpets littered with rubbish, and loud singing indulged in on the stairway, so that, as a result, the business of the tenant was injured, it was held to be an eviction. But, to constitute a constructive eviction, the acts complained of must be imputable to the landlord. In all cases of constructive eviction the tenant is liable for rent which had previously become due and, in order to plead eviction as a defense, the tenant must surrender the premises.