What is a constructive eviction?
In short, there are two parts to a constructive eviction:
1. The landlord violates what is known as the covenant of quiet enjoyment.
2. Due to the uninhabitable conditions imposed by the landlord, the tenant is evicted.
Thus, a constructive eviction is neither physical nor legal, but when a tenant is evicted from the property due to the neglectful or disruptive actions of the landlord. The eviction can be voluntary — in fact, a landlord whose tenant leaves the premises voluntarily due to ill conditions is liable for legal consequences of constructive eviction.
What is the “covenant of quiet enjoyment”?
The covenant of quiet enjoyment is a fundamental principle in property law that states tenants shall have the right to quiet, peaceful possession of the leased property against the lessor. Essentially, it is broken when a landlord imposes any conditions upon the premises that make it unlivable for the tenant’s purposes. The covenant can be breached many ways:
● A landlord shuts off hot water in an attempt to remove tenants from the premises.
● Noise levels are unsuitable due to construction work that was not agreed-upon with the tenants.
● A hazard such as a leaking roof or unaddressed mold problem.
● The landlord refuses to complete repairs that pose a threat to the security of tenants, such as a broken lock.
The breaching of this covenant becomes a constructive eviction when the conditions are derelict enough that the tenant is forced to evacuate.
What counts as a constructive eviction?
In court, a constructive eviction is used by tenants to sue for damages or to prove they are absolved from paying rent due to the poor conditions the landlord has inflicted. In order for the conflict to be legally recognized as a constructive eviction, several pieces of evidence can help prove that you, as a tenant, have been subject to a constructive eviction:
● Extreme maltreatment that violates the covenant of quiet enjoyment (minor issues, such as a broken doorbell or peeling paint on the exterior of the building, are too insignificant to justify a violation of the covenant)
● Evidence of attempts to communicate with the landlord in regards to the breach of the covenant
● Follow-up communication with the landlord as well as sufficient time in between to allow for the landlord to respond and take action
● Contact with building code inspectors or a health department to get a professional record of the issue
● Written warning, including a reasonable time notice, from the tenant to the landlord regarding an evacuation
How does constructive eviction work in California?
According to California law, tenants whose landlords have broken the covenant of quiet enjoyment can pursue legal action, and may sue for damages as well as avoid paying rent. In Andrews v. Mobile Aire Estates in 2005, it was established that the covenant of quiet enjoyment is an implied term in every leasing agreement, meaning that even if it is not expressly mentioned in the contract, the law still recognizes the landlord’s responsibility to not violate the covenant.
What should you do if you are a victim of constructive eviction?
Substantial interference of the landlord is required in order to warrant a breach of the covenant of quiet enjoyment. Constructive evictions are challenging to navigate, and contacting experienced attorneys is vital. Tenants Law Firm is here to help. Our team specializes in these cases to protect against rampant landlord harassment. If you think you have been harassed, contact us by calling (310) 432-3200 or by using this form.