Wrongful or Constructive Eviction
We Fight To Get You The Settlement You Deserve
When you sign your tenancy agreement with a landlord, it is not just you that is committing to be bound by the conditions of that agreement. Your landlord also has a duty of care to perform, particularly when it comes to issues revolving around maintenance of the property or eviction.
Unfortunately, there are many landlords who simply fail to live up to their obligations in this respect, resulting in wrongful or constructive eviction of the tenant.
Constructive eviction in California occurs when the landlord allows the conditions of the property to deteriorate to the point where no reasonable person would be able to live in the property. In extreme cases, conditions are allowed to deteriorate to the point where the tenant fears for their personal health, which results in them leaving the property due to the actions of the landlord, rather than their own desire to move.
In these cases, the landlord is liable to be sued for constructive eviction when they have failed to keep the property in the condition required for the purposes of the lease. This could mean refusal to carry out maintenance work, excessive delays on carrying out repairs or raising the rent of the property beyond the amount allowable by rent control in an effort to have the tenant “voluntarily” leave the premises.
Some landlords also decide to take matters into their own hands and evict tenants on their own, which is illegal. A landlord who illegally throws a tenant out of their home without a court order is liable to the tenant in civil court. Throwing someone in the street without notice is cruel and this office will fight for the rights of tenants who have been wrongfully evicted by their landlord.
Fortunately, you have the ability to fight back against landlords who abuse their position in such a fashion. In cases of wrongful or constructive eviction, you may be able to collect the following damages:
- Expenses for the removal of your personal items from the property.
- The value of the term of the lease, minus the rent that has been reserved.
- Damages related to the mental anguish caused by being forced to live in sub-standard conditions.
- Damages related to the mental anguish of being forced out of your home.
- Punitive damages relating to the case.
Your home is your castle, so it is important that you defend your rights when they are being violated by a landlord. Contact us to arrange a free consultation to determine if you have been the victim of constructive eviction and what you can do to fight back.