When the let out property is in an uninhabitable condition due to which the tenant is deprived of the meaningful use and proper enjoyment of the rented premises, constructive eviction occurs. If the landlord despite being put on notice of such uninhabitable condition and in spite of being called upon to rectify the same within a reasonable time fails to restore proper position, then on and from the expiry of the notice period the tenant is not liable to pay rent to the landlord since he did not receive what was contracted for. The tenant may also then vacate the premises without any obligation.
In eviction proceedings the aggrieved tenant can bring a counter claim against the landlord. Such counter claim can be founded on the ground of constructive eviction, as above, provided the tenant has give proper notice to the landlord. In that case the tenant will have no liability for rent for the balance period of lease from the expiry of the notice period.
The tenant can also resist eviction on the ground of denial of maintenance and other facilities and claim proportionate reduction in the rental on account of the same.
When the landlord has instituted eviction proceedings against a tenant, who has already taken up issues of housing rules violation of the house owner with appropriate authorities for redress, the victimized tenant may challenge such action of the landlord as step for retaliatory eviction. Courts usually dismiss retaliatory eviction proceedings as abuse of the process of law.
In some jurisdictions the landlord is liable to refund the security or damage deposit with interest to the tenant when he vacates the premises. Deductions from such deposit are not permitted unless notice of the same has been given to the tenant. In the event of non-refund of security deposit or unauthorized deductions from there, the aggrieved tenant may proceed against the landlord under the consumer protection laws.
