{"id":117134,"date":"2025-06-15T15:27:11","date_gmt":"2025-06-15T23:27:11","guid":{"rendered":"https:\/\/www.tobenerlaw.com\/?post_type=practice-areas&p=117134"},"modified":"2025-06-26T00:33:28","modified_gmt":"2025-06-26T08:33:28","slug":"renovictions","status":"publish","type":"practice-areas","link":"https:\/\/www.tobenerlaw.com\/es\/renovictions\/","title":{"rendered":"Renovictions"},"content":{"rendered":"\n
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Renovictions:\u00a0 When Landlord Construction Forces a Tenant Out<\/h2>\n
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Under California law, landlords have the right to make reasonable improvements and repairs to their rental property.\u00a0 But when construction becomes so disruptive that it deprives tenants of the quiet enjoyment of their home, or renders the unit temporarily or permanently uninhabitable, the law may treat it as a form of constructive eviction.\u00a0 This is often called a renoviction or a constructive eviction by construction.\u00a0 If a tenant is forced to vacate due to excessive construction, noise, loss of utilities, or safety issues, they may be entitled to damages or even the return of possession in rent-controlled jurisdictions.<\/p>\n

California courts and statutes recognize that tenants do not lose their basic rights simply because a landlord wants to renovate or remodel.\u00a0 If construction crosses the line from inconvenient to intolerable, a landlord may be liable for breach of the warranty of habitability, breach of the covenant of quiet enjoyment, and constructive eviction.<\/p>\n <\/div>\n \n <\/div>\n

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We Are Tenant Rights Attorneys in California<\/h2>\n\n

Landlord construction is not a license to drive tenants out of their homes.\u00a0 The tenant rights attorneys at Tobener Ravenscroft LLP can help you determine whether your rights were violated and take steps to hold your landlord accountable.<\/p>\n

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What Is Constructive Eviction in the Context of Construction<\/h2>\n<\/div>\n\n
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Constructive eviction occurs when the landlord substantially interferes with the tenant\u2019s use and enjoyment of the premises and the tenant vacates as a result.  In the construction context, this could mean long-term loss of essential services, exposure to harmful substances, unreasonable dust or noise, or loss of safe access to the premises.<\/p>\n<\/div>\n\n

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To establish constructive eviction, a tenant must show that the landlord\u2019s conduct or omissions significantly impaired their ability to occupy the unit, that they moved out in response, and that the move-out was reasonable under the circumstances.  See Stoiber v. Honeychuck, 101 Cal. App. 3d 903 (1980).  The landlord does not have to explicitly evict the tenant.  Their actions or failure to protect the tenant\u2019s rights during construction can be enough.<\/p>\n<\/div><\/section>\n\n\n\n

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Applicable Legal Standards<\/h2>\n<\/div>\n\n
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Every residential lease in California contains an implied warranty of habitability under California Civil Code section 1941.1.  Landlords are required to provide functioning plumbing, heat, electricity, weatherproofing, and maintain a unit that is free from substantial health or safety risks.  If construction eliminates these for a significant time and the landlord fails to remedy the issue promptly, the tenant may have the right to vacate and sue for damages.<\/p>\n<\/div>\n\n

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California Civil Code section 1927 also provides that a tenant has the right to quiet enjoyment of the premises.  Unreasonable interference by the landlord, including excessive construction activity, may violate this covenant even if the unit remains technically habitable.<\/p>\n<\/div>\n\n

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Under Civil Code section 1954, landlords must give tenants written notice before entering the unit and can only enter for lawful reasons, including repairs.  However, even authorized work cannot be so disruptive that it forces the tenant out.<\/p>\n<\/div><\/section>\n\n\n\n

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When Construction Crosses the Line Into Constructive Eviction<\/h2>\n<\/div>\n\n
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There is no bright-line test, but California courts look at the totality of circumstances. Factors that may support a constructive eviction claim based on construction include:<\/p>\n<\/div>\n\n

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