Examples of case law exist however; which uphold the "hell or high water" clause as well as the constructive eviction argument.

The court held that the landlord was responsible for the constructive eviction of a tenant when the landlord allowed another lessee to obstruct the tenant's light and air.

Traditionally, constructive eviction was only found when the landlord had acted intentionally to interfere with the tenant's possession of their lease.

A tenant who suffers from a constructive eviction can claim all of the legal remedies available to a tenant who was actually told to leave.

Doing so may constitute a "constructive eviction" and expose the landlord to civil and criminal liability.

In an action for unpaid rent brought by a landlord against a tenant, a tenant can offer constructive eviction as an affirmative defense.

A constructive eviction means that the tenant is no longer able to occupy the lease, but that the tenant was not physically evicted by the landlord.

"You can have a partial constructive eviction," she said.

Moreover, McArthur's argument that his decision to remain on his porch and not allow the police entry did not amount to "a constructive eviction".

There are, of course, occasions when the damage to a building is so severe that tenants cannot, at least for some time, return - a situation legally called a constructive eviction.