In order to prevail on his claim that Fidelity constructively evicted him and thereby relieved him of his rent obligation, Dr. Kaminsky had to show the following:
- Fidelity intended that he no longer enjoy the premises, which intent the trier of fact could infer from the circumstances;
- Fidelity, or those acting for Fidelity or with its permission, committed a material act or omission which substantially interfered with use and enjoyment of the premises for their leased purpose, here an office for the practice of medicine;
- Fidelity's act or omission permanently deprived Dr. Kaminsky of the use and enjoyment of the premises; and
- Dr. Kaminsky abandoned the premises within a reasonable period of time after the act or omission.