Constructive Eviction
Bracamontes & Vlasak is one of the few law firms in California representing only tenants in its landlord-tenant practice. We never represent landlords. In the Bay Area, rent ordinances in San Francisco, Berkeley, Oakland, Hayward, and East Palo Alto protect tenants from eviction and/or unlawful rent increases. Call us at 415-835-6777 if you are a tenant treated unfairly by your landlord.
Intolerable Living Conditions In The San Francisco Bay Area
The concept of constructive eviction in California landlord-tenant law is that when conditions in the unit are so deplorable that no reasonable person could tolerate and/or jeopardize their well-being by continuing to live there, they are forced to vacate the premises because of the conditions.
From the seminal case of Stoiber v. Honeychuck, 101 Cal. App. 3d 903, 926 (1980):
A landlord is liable for constructive eviction where a tenant elects to vacate the premises as a result of the landlord’s “[f]ailure to repair and keep the premises in a condition suitable for the purposes for which they were leased. The damages recoverable for constructive eviction include “the value of the term, less the rent reserved,” “expenses for removal,” “damages . . . for mental anguish,” and “exemplary” or punitive damages.
Attempts To Force Tenants Out
Many times in rent-controlled jurisdictions it is a tactic of the landlord, real estate agents, or management companies to indirectly attempt to force tenants out of long-standing rent-controlled units by refusing to make basic repairs such that the unit becomes uninhabitable and the tenants get fed up and vacate “voluntarily.” Unfortunately, often times this can work and tenants give up rent-controlled tenancies worth tens of thousands of dollars (or more), because of the landlord’s intentional neglect. Then the tenants cannot afford market-rate comparable units and the landlords profit by raising the subject unit to market-rate rent.
In these cases, BV Law holds the landlord completely liable for habitability violations and attempted wrongful eviction. Tenants in these cases are entitled to rent differential damages and other damages noted above. Further, trebled damages and attorney’s fees may be available in constructive eviction cases under the San Francisco Rent Ordinance: San Francisco Admin Code § 37.10B(c)(5).
Frequently Asked Questions On Constructive Eviction In California
What is Constructive Eviction?
Constructive eviction occurs when a tenant is forced to leave a rental property because the landlord’s actions or inactions significantly interfere with the tenant’s use and enjoyment of the property. This can include things like failing to repair serious issues, shutting off utilities, or harassing the tenant.
What Conditions Must Be Met for Constructive Eviction?
To claim constructive eviction, the tenant must prove that:
- The landlord failed to maintain the property in a habitable condition.
- The tenant notified the landlord of the issue and gave them a reasonable amount of time to fix it.
- The landlord did not address the problem, making the property uninhabitable.
- The tenant vacated the property within a reasonable time after the landlord failed to fix the issue.
What Are the Remedies for Constructive Eviction?
If a tenant successfully proves constructive eviction, they may be entitled to:
- Termination of the lease without penalty.
- Recovery of damages, including relocation expenses and any other costs incurred due to the eviction.
- Possible punitive damages if the landlord’s conduct was particularly egregious.
How Long is a “Reasonable Time” for the Landlord to Fix the Problem?
The definition of “reasonable time” varies depending on the severity of the issue. For example, a serious health hazard might require immediate attention, while a less urgent repair might allow for a longer timeframe.
Can a Landlord Shut Off Utilities as a Means of Eviction?
No, shutting off utilities like water or electricity to force a tenant to leave is considered constructive eviction and is prohibited by California law.
What Should Tenants Do If They Believe They Are Being Constructively Evicted?
The tenant should document all issues and communications with the landlord, seek legal advice, and consider filing a claim for constructive eviction if the landlord does not remedy the situation.
How Does Constructive Eviction Differ from Regular Eviction?
Regular eviction involves the landlord formally notifying the tenant to leave, usually due to nonpayment of rent or lease violations. Constructive eviction, on the other hand, occurs when the tenant leaves because the landlord’s actions or inactions make the property uninhabitable
Contact Our Bay Area Tenants’ Rights Lawyers at Bracamontes & Vlasak
If you have been the victim of constructive eviction from a Bay Area rent-controlled tenancy, contact our experienced Bay Area tenant’s attorney at BV Law today to learn your rights and how to be made whole. You can also schedule a free initial consultation by phone at 415-835-6777.
(Updated 10/25/2024)
