What is a constructive eviction in civil law?
In California, a constructive eviction occurs when a tenant is forced to move out of their rental property due to the landlord’s failure to make repairs or otherwise maintain the property. The landlord’s lack of action or failure to abide by the California Landlord-Tenant Laws creates a situation in which the tenant is unable to live at the property safely or in a habitable manner. This ultimately forces the tenant to terminate their rental agreement and move out. Constructive eviction is a legal concept and must be proven in court. The tenant must be able to show that the landlord had an obligation to make repairs and/or provide essential services, that they failed to do so, and that this failure resulted in the tenant’s involuntary departure from the property. The tenant must generally provide evidence that the conditions of the property were so bad that it was unsafe or impossible to live there. It is important to note that a constructive eviction is different than an illegal eviction in that it does not involve force to remove the tenant from the property. Instead, the tenant is simply unable to live in the property due to the deplorable conditions created by the landlord’s failure to fulfill their obligations. Furthermore, the tenant may be eligible for compensation from the landlord for any damages caused, such as moving expenses, lost wages, and other related costs.
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