What is a Constructive Eviction?
Constructive evictions occur when a tenant chooses to leave the property on grounds of the rental unit being uninhabitable. In other words, a tenant can claim that they have been constructively evicted if conditions in their unit have become so bad that they are no longer able to reside in the unit.
What constitutes a constructive eviction in California?
Under California Law, there are 3 things that make up a constructive eviction
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The eviction must have been a result of direct action or inaction by the landlord; the warranty of habitability does not apply if any of the issues are caused by either the renter or the renter’s invited guests.
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The tenant must abandon or vacate the unit immediately after realizing that the place is uninhabitable.
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The unit must be classified as uninhabitable per California Civil Code. Some examples that would be classified as uninhabitable would be: improper electrical wiring, broken doors or windows, a non waterproofed roof, non-functioning sewage system or water supply.
Best course of action for tenants during this situation.
A constructive eviction is meant to be utilized as a remedy after a tenant has reasonably given notice to the landlord of these various issues and the landlord has failed to remedy them. Thirty days typically constitutes a “reasonable” amount of time. Waiting for a year or two will make the claim much less supportable in court.
California Law doesn't spell out a specific procedure for notifying the landlord of a breach of the warranty of habitability. Generally, the best course of action for a tenant is to either send their landlord a certified letter or hand-deliver the notice to a representative of the renting agency. Furthermore, it should be kept in mind that regardless of the nature of the problem, a tenant in California is only allowed to use the constructive eviction defense twice in any twelve-month period.
We are here to help.
If you are experiencing issues regarding this matter or are unsure of your rights as a tenant, please do not hesitate to reach out to the Tenants Law Firm. There are several remedies available for tenants in the event of a constructive eviction and our attorneys are here to assist you. Contact us by filling out our online intake form here and we will get back to you to schedule a free consultation.