Schaaf v. Nortman

The issue on appeal is whether the findings made by the county court support its conclusion that defendant Nortman was constructively evicted.

Certain general principles must be applied.

“It is now well established that any disturbance of the tenant’s possession by the landlord, or someone acting under his authority, which renders the premises unfit for occupancy for the purposes for which they were demised or which deprives the tenant of the beneficial enjoyment of the premises, causing him to abandon them, amounts to a constructive eviction, provided the tenant abandons the premises within a…