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Under California law, constructive eviction occurs when a landlord, through neglect or intentional misconduct, substantially interferes with a tenant’s ability to occupy their rental unit. Even without serving a formal notice or filing an unlawful detainer action, a landlord may be liable for constructive eviction if their actions or omissions force a tenant to vacate. Courts recognize that forcing a tenant out does not always require an explicit eviction notice. When the landlord creates unlivable conditions, the law steps in to protect the tenant.
Constructive eviction is grounded in both statutory law and common law. At the center of the doctrine is the implied covenant of quiet enjoyment, which is included in every lease under California Civil Code section 1927. This covenant guarantees that the tenant shall have the use and enjoyment of the premises without interference by the landlord. If a landlord breaches this covenant in a manner that substantially impairs the tenant’s ability to live in the unit, a court may find that the tenant was constructively evicted.
Constructive eviction provides powerful protection for California tenants who are driven from their homes by unsafe, unlawful, or hostile conditions. The lawyers at Tobener Ravenscroft LLP have decades of experience holding landlords accountable for constructive evictions and ensuring tenants receive the compensation and justice they deserve. If you were forced to move out due to serious conditions in your home, contact Tobener Ravenscroft LLP today for a consultation.
In Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980), the court affirmed that constructive eviction can occur where uninhabitable conditions such as sewage problems and mold force a tenant to move. The case also emphasized that the tenant’s departure must be reasonable under the circumstances and must occur in response to the landlord’s failure to cure serious defects.
The doctrine is closely linked to the landlord’s duty to maintain habitable premises under California Civil Code section 1941.1. Landlords are required to provide plumbing, heating, weatherproofing, and other essential services. Civil Code section 1942 allows tenants to vacate when a landlord fails to repair serious habitability violations after written notice and a reasonable opportunity to repair. Courts may treat such departures as constructive evictions.
To succeed in a constructive eviction claim, a tenant must show (1) wrongful conduct by the landlord, (2) a substantial interference with use and enjoyment, (3) that the tenant vacated the premises in a reasonable time, and (4) a causal link between the landlord’s conduct and the tenant’s departure.
Tenants who prevail in a constructive eviction claim may be entitled to damages, including return of rent paid, moving expenses, difference in rent at a new unit, and compensation for emotional distress. In cities with rent control, treble and statutory damages may be available. Attorney fees may also be awarded under Civil Code section 1942.4 or under local ordinances.
recovered for a family of four who was constructively evicted from their tenancy in a San Francisco condominium after living with serious health and safety hazards for nearly seven years, including no heat. During the last month of the tenancy, there was a catastrophic flood that displaced the tenants and caused substantial damage to personal property. The conditions forced the tenants to vacate their long-term, rent-controlled unit.
recovered for a family of three who lived in a rental unit with water intrusions, extremely low water pressure in the kitchen sink, contaminated water from old and rusty pipes, hazardous front stairs, and no smoke or carbon monoxide detector.
When Alameda County Code Enforcement issued a citation for all of these, the landlord harassed the family. falsely claiming that the County of Alameda was requiring the unit to be demolished. When the family vacated after seventeen years, rather than demolish the unit, the landlords re-rented it for $800 more without offering it back to the family in violation of rent control.
recovered for a couple who were constructively evicted from their nearly thirty-year tenancy in San Francisco. For three years, the management failed to address jarring, daily disturbances by the couples’ upstairs neighbor despite a dozen requests for help.
Constructive eviction provides powerful protection for California tenants who are driven from their homes by unsafe, unlawful, or hostile conditions. Tenants should act quickly, document every interaction, notify their landlord in writing, and report code violations to local authorities. Most importantly, tenants should seek legal representation. The lawyers at Tobener Ravenscroft LLP have decades of experience holding landlords accountable for constructive evictions and ensuring tenants receive the compensation and justice they deserve.
If you were forced to move out due to serious conditions in your home, contact Tobener Ravenscroft LLP today for a consultation.
