California landlords have an obligation to keep their rental properties in a livable condition. When they don’t, tenants have the right to break their lease, move out, and seek to recover all resulting damages. This is known as a “constructive eviction”.  It occurs whenever the tenant is forced to move from a rental unit that was made uninhabitable by the landlord. Here is what you need to know about constructive eviction claims in California. 

Elements of Constructive Eviction Damages for Constructive Eviction

To prove a claim for constructive eviction, the tenant must establish that the conditions of the property are uninhabitable because of landlord’s actions (as opposed to a third-party’s conduct), that the rental unit was vacated within a reasonable time after the place became uninhabitable, and that the tenant sustained resulting damages.   The landlord must also be given a reasonable time to fix the problem or else the constructive eviction claim typically will fail. 

When is a Rental Unit Considered Uninhabitable?

Common examples of a constructive eviction are as follows:

• shutting off the utilities;
• failure to clean up an environmental hazard;
• changing the locks.
• impeding entry to a unit;
• neglecting to fix a leaky roof;
• removing toilets or sinks

Any actions by the landlord designed to interfere with the tenant’s use of the rental unit can form the basis of a constructive eviction claim.  Such actions can also include harassment or intimidation of the tenant or the landlord entering the unit unannounced and without a legitimate reason.

What Constitutes a Reasonable Time Frame to Fix the Problem?

The renter must give the landlord a “reasonable” amount of time to fix the problem before moving out and breaking the lease. “Reasonable” in this context is not specifically defined but is instead resolved on a case-by-case basis.  The courts balance the tenant’s right not to be placed in an unlivable situation, against the landlord’s right to have notice of, and an opportunity to fix the problem. Two weeks is often considered reasonable, but that may impermissibly excessive for an emergency repair affecting the tenant’s health and safety.  In emergency situations 24 hours might be considered a reasonable amount of time to fix the problem. 

Recoverable Damages

Landlords can be held responsible for all damages caused by the constructive eviction.  This includes damages to cover relocation expenses and temporary housing expenses.  The award could also include consequential damages.  For example, if the eviction occurred because landlord did not provide heat to the rental unit which caused the tenant to become ill, he or she has the right to claim damages for medical expenses incurred treating the illness.  Civil penalties and punitive damages can also be imposed.  The tenant also has the right to immediately terminate the lease without any liability for financial obligations coming due during the remainder of the lease term.

How Can You Avoid Constructive Eviction?

Landlords can avoid constructive eviction claims by making sure that renters are receiving basic utilities the law allows them to enjoy. Landlords should also make repairs as soon as possible after becoming aware of any problem affecting the habitability of the rental unit.

Please contact our office with any questions regarding the above or the eviction services we offer.  We can be reached at 925-237-9216 or [email protected].  You can also schedule a free telephonic consultation with one of our representatives on our website.