Constructive Eviction
Constructive Eviction
Under California landlord-tenant law, constructive eviction occurs when the conditions of a rental property become so severe that a reasonable person could no longer be expected to live there without jeopardizing their health, safety, or well-being. As a result, the tenant is effectively forced to move out because the property is no longer fit for habitation.
When repair issues force a tenant to abandon a property, the tenant can file a cause of action for constructive eviction. Stoiber v. Honeychuck, 101 Cal. App. 3d at 921.
To establish a claim for constructive eviction, a tenant must prove the following:
The landlord failed to maintain the rental property in a habitable condition.
The tenant notified the landlord of the defective conditions and provided a reasonable opportunity to make the necessary repairs.
The landlord failed to correct the conditions, rendering the property uninhabitable.
The tenant vacated the premises within a reasonable time after the landlord failed to remedy the conditions.
What constitutes a "reasonable time" depends on the specific circumstances, including the nature and severity of the defective condition. Generally, the more serious the condition and the greater the risk it poses to a tenant's health or safety, the less time a landlord has to remedy the issue.
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