Constructive Evictions And How To Avoid Them

What Is A Constructive Eviction?

In California, there is an implied warranty of habitability requiring the landlord to provide rental property conditions fit for the occupation of human beings. The rental property in question must comply with or exceed California health and building code standards that materially affect a tenant’s health and safety.

Constructive eviction occurs where the tenant is not formally evicted but instead decides to leave because of something the landlord did, or failed to do, that renders the property uninhabitable. It typically occurs where the tenant considers the property to be uninhabitable because the landlord breached his duty to provide necessary repairs to, or maintenance of the property.

For landlords, there are several major downsides of a constructive eviction. Most notably, the rent they expected to receive is not due because the rental or lease agreement was not honored with the property being uninhabitable. A constructive eviction also subjects a landlord to liability for any resulting damages the tenant can prove in court. For instance, if the landlord has not provided hot water to the rental property and the tenant or any of the family member gets sick, then the tenant will have the right to claim for the damages and demand for payment of medical expenditures.

When Is Property Considered Uninhabitable?

An uninhabitable property is one in which the tenant cannot live in. It is in such a state that compels the residents to move away. The condition is typically the result of the landlord’s negligence in allowing a condition to deteriorate to a point where residing at that property becomes intolerable. There are a number of reasons why a property would be considered uninhabitable. The landlord can turn off the gas, water and electricity supply. A property would also be considered uninhabitable where a landlord disregards other problems, such as unsanitary conditions in and around the premises and/or toxic mold. Other examples are a leaking roof, missing fixtures, and locks which have been changed preventing the tenant from accessing the unit.

What do Tenants Need to Prove?

To prove constructive eviction in California, the tenant needs to show:

1. The landlord violated the tenant’s warranty of habitability. This warranty applies to issues like the heat or mold mentioned above.

2. The landlord neglected the tenant’s right to quiet enjoyment. This means the landlord is somehow interrupting the tenant’s ability to enjoy the rental.

3. The landlord was given notice by the tenant of the neglect or violation of their quiet enjoyment. The landlord fails to resolve the issues.

4. The tenant vacates the property within a reasonable amount of time after the landlord’s failure to fix the issue. The law requires tenants to give the landlord a reasonable amount of time to fix problems that make the dwelling uninhabitable.

What is reasonable depends on the nature of the work that needs to be done. If the landlord fails to address the intolerable living conditions in a given reasonable time frame, renters can then exercise their right of constructive eviction. They can leave the property anytime they want to without paying rent that is owed according to the rental or lease agreement. They also may initiate legal proceedings to terminate the lease and will also look to sue landlord for the damages.

How Can You Avoid Constructive Eviction?

Always take prompt action when there are maintenance or repair issues at your property. As the owner of a property, you must take good care of its living conditions and make sure that renters are receiving basic utilities as the law requires. Always make necessary repairs prior to renting out the property. Keep the area surrounding the property clean, including entrance way, pathways, patios common areas and parking lots. Pay timely attention to leakages, mold, mildew, drain blockages and deteriorating paint.

At Lynx Legal Service, help on any of these issues is simply a click or phone call away. Email info@lynxlegal.com or call our office at (888) 441-2355 to discuss your questions or if you are ready to start a case.