Constructive Eviction in California

California law guarantees tenants the right to a safe, livable home when they rent or lease from a landlord. When the conditions in the rental unit become uninhabitable and the landlord has not fixed the problems, tenants may be able to legally abandon their house without fulfilling their rental agreement or lease obligations because the landlord has forcefully evicted them by failing to keep the property habitable. However, the courts do not take this remedy lightly, and tenants who wrongfully abandon their rental unit will be held accountable to the lease.

What is constructive eviction?

Constructive eviction is any attempt by a landlord to evict a lawful tenant without filing an unlawful detainer lawsuit with the court, followed by properly serving the summons and complaint on the tenant. The court must issue a judgment in the unlawful detainer case before a landlord can physically remove the tenant from the premises. Any effort to bypass the unlawful detainer process is an illegal “self-help” or “constructive” eviction.

Exceptions

Does not apply to:

  • Guests or trespassers

  • Restraining orders

  • Abandoned property

Illegal Eviction Tactics

  • Steal or take the property of a tenant ($950)

  • Blackmail a tenant into leaving

  • Behavior/threats to use force interfering with tenant’s quiet enjoyment of their home

  • Commit an intentional or significant violation

  • Threaten to disclose immigration status

Disclaimer: 

The purpose of this post is for information only, this is not legal advice.


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