Constructive eviction is a legal term used to describe a situation where a landlord interferes with a tenant’s right to peacefully enjoy their rental unit. This interference can be due to the rental unit’s deplorable condition or the landlord’s harassment of the tenant. In such cases, tenants can be said to have suffered a constructive eviction.
California law offers protection to tenants against constructive eviction. If landlords engage in such behavior, they can be ordered by the court to pay for the tenant’s moving expenses, compensate them for any physical or emotional damages suffered, and even face punitive damages.
Constructive eviction can result from a landlord’s action or inaction. Unlike legal eviction, which involves a formal court process, constructive eviction happens when a landlord uses self-help to force a tenant out of their rental unit. This can occur if the landlord actively interferes with the tenant’s rights or fails to maintain the rental unit as required by law.
California Code, Civil Code – CIV § 1940.2 specifies the actions landlords are barred from using in their attempts to force a tenant out of their rental unit. These actions include taking a tenant’s property, wrongfully using or threatening them with force, entering the rental unit without the tenant’s consent, and threatening to report their immigration or citizenship status.
A tenant can also suffer a constructive eviction when the landlord fails to provide a rental unit that meets California’s minimum habitability standards. These standards require that every unit must at least have basic fixtures and safe, clean, and secure facilities.
If a rental unit lacks one or more of these features, tenants can notify their landlord and ask them to correct the problem. If the landlord fails to do so within a reasonable time, tenants have several options, including withholding rent, making minor repairs and deducting the cost from rent payments, and leaving the tenancy before the expiration of the lease agreement (constructive eviction).
Under California law, a tenant can recover damages from their landlord if they engage in constructive eviction. The court can order the landlord to pay up to $2,000 for each time they violate the statute, compensate the tenant for moving expenses and lost tenancy, and pay thousands of dollars for any physical or emotional damages suffered.
It’s essential to contact an experienced tenant’s rights lawyer before taking any action against the landlord.
TheSFPropertyManagement is a full-service property management company that specializes in residential single-family and multi-family properties in the San Francisco Bay Area. If you are a tenant searching for an apartment, please contact TheSFPropertyManagement today at 415-712-0507 to discover the available options that best suit your needs. Similarly, if you are a homeowner seeking a property management company to take care of your property, kindly contact us for assistance.
