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When a landlord temporarily displaces a tenant to perform repairs, renovations, or address habitability issues, the tenant often retains a legal right to return to the unit once it is made habitable. If the landlord fails to offer the unit back or rents it to someone else instead, the displaced tenant may have a claim for wrongful eviction under both state and local law.
California statutes and rent-control ordinances in cities like San Francisco, Oakland, Berkeley, Santa Monica, West Hollywood, and Los Angeles protect tenants from being permanently displaced under the pretense of repairs. Landlords who fail to honor a tenant’s right to return can be held liable for significant damages, including rent differentials, emotional distress, moving expenses, and in some jurisdictions, treble damages and attorney’s fees.
If your landlord has failed to offer your unit back after repairs, or if you have been permanently displaced without cause, the attorneys at Tobener Ravenscroft LLP are here to help. We have recovered millions for tenants across California and are committed to protecting renters from illegal displacement. Contact us today for a consultation.
Under California Civil Code section 1946.2, also known as the Tenant Protection Act of 2019, landlords must state a “just cause” to terminate a tenancy. One of the limited “no-fault” just causes is the need to perform substantial repairs that require the tenant to vacate. However, section 1946.2(b)(2)(D) includes a critical requirement: if the tenant is displaced for substantial repairs, the landlord must inform the tenant in writing that they may re-occupy the unit once repairs are completed, and the tenant has a right of first refusal to return. Failing to do so renders the termination invalid and can expose the landlord to liability for wrongful eviction.
The law also prohibits landlords from using pretextual repairs to circumvent tenant protections or raise rents on re-rental. I f the work could have been completed without displacement or is not substantial, the eviction is not permitted under the Tenant Protection Act.
Many California cities go further than state law and require landlords to actively offer the unit back at the prior rental rate once repairs are completed. These protections are enforceable and apply even where landlords did not act maliciously. Key jurisdictions include:
Under Administrative Code section 37.9B, tenants displaced due to repairs, fire, or disaster must be offered the unit back once it is habitable. The landlord must send written notice to the displaced tenant before re-renting to anyone else and must offer the same rent-controlled rate. A landlord who fails to offer the unit back may be liable for wrongful eviction under section 37.9(f), including treble damages, emotional distress, and attorney fees.
The Just Cause for Eviction Ordinance and Rent Adjustment Program similarly require landlords to notify displaced tenants when the unit is repaired and offer it back before re-renting. Failure to do so may constitute a wrongful endeavor to recover possession, a violation that entitles the tenant to actual and punitive damages.
The Berkeley Rent Stabilization Ordinance enforces similar protections. Landlords must offer a repaired unit back to the original tenant at the regulated rent and may not rent to a new tenant until this offer has been made.
Both cities require landlords to file documents with local agencies when performing repairs that cause displacement. These documents must acknowledge the tenant’s right to return. Re-renting without giving the tenant this opportunity violates the city’s rent control and eviction laws and may lead to penalties and tenant lawsuits.
While Los Angeles does not have a blanket right to return after disaster-related displacement, it does require a right of return when tenants are displaced due to major construction or repair work under the Tenant Habitability Program (THP), governed by LAMC section 152.03. Landlords must submit a plan showing that tenants will be allowed to return and must re-offer the unit once it is habitable. If a landlord re-rents without offering the unit back, they may be subject to administrative penalties and civil liability. Moreover, if the tenant was evicted under a no-fault reason under LAMC section 151.09(A)(11), the city mandates re-offer rights.
A landlord who displaces a tenant for repairs and fails to offer the unit back may be liable for wrongful eviction, even if they did not serve a formal eviction notice. California courts recognize constructive eviction where a tenant is deprived of their rights by landlord misconduct. In Chacon v. Litke, 181 Cal. App. 4th 1234 (2010), the court held that tenants improperly forced out of rent-controlled housing may recover long-term rent differential damages, calculated based on how long they would have remained in the unit but for the unlawful displacement. In that case, the tenant recovered damages based on twenty years of projected lost tenancy.
Damages for wrongful eviction typically include rent differential over the life of the tenancy, moving and relocation expenses, emotional distress, punitive damages for willful or fraudulent conduct, and treble damages and attorney fees under local ordinances.
Tenants should take the following steps when temporarily displaced for repairs or habitability work: notify the landlord in writing stating your intention to return, keep copies of all communication including texts and emails, regularly update the landlord with your current address, phone, and email, do not sign any lease termination or waiver without legal advice, file a displacement notice with your local rent board if applicable, and request updates on the repair status and re-occupancy timeline. If you discover that your landlord rented your unit to someone else without notifying you or offering you a chance to return, contact a tenant attorney immediately.
recovered on behalf of an elderly couple evicted from their rent-controlled Los Angeles penthouse of nearly 30 years. Rather than fix longstanding habitability issues, the landlords removed the tenants and then re-rented the unit.
recovered on behalf of a San Jose family displaced after severe water leaks made their home uninhabitable. The landlord failed to make repairs and did not allow the tenants to return.
recovered on behalf of tenants displaced by a flood in their San Francisco condo. The landlord failed to provide alternative accommodations, refused to renew the lease, and threatened eviction.
Landlords in California cannot use repairs or disasters as a tool to permanently displace tenants or restart rents. Both the California Tenant Protection Act and numerous local rent control ordinances protect the tenant’s right to return following temporary displacement. When landlords fail to offer the unit back or re-rent to a new tenant without notice, they may be held accountable for wrongful eviction and owe significant damages.
If your landlord has failed to offer your unit back after repairs, or if you have been permanently displaced without cause, the attorneys at Tobener Ravenscroft LLP are here to help. We have recovered millions for tenants across California and are committed to protecting renters from illegal displacement. Contact us today for a consultation.
