Evictions in the San Francisco Bay Area are becoming increasingly common and complicated. While California places certain legal requirements for evictions, some cities and counties implement narrower requirements. Unfortunately, San Francisco Bay Area landlords occasionally fail to adhere to the eviction laws and instead constructively evict tenants.
Call Bay Area Legal Group for your eviction consultation. 415-650-1296
Defining Constructive Eviction
Constructive eviction occurs when the acts or omissions of a landlord, or any disturbance or interference with the tenant’s possession by the landlord, renders the premises unfit for the purposes for which they were leased, or which has the effect of depriving the tenant for a substantial period of time of the beneficial enjoyment or use of the premises. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 925–926.
The damages recoverable for wrongful eviction, actual or constructive, include whatever amounts are necessary to compensate the tenant for the detriment proximately caused by the eviction or likely to result therefrom (Id., at s 132, p. 155). The measure of damages, as a general rule, is the value of the term, less the rent reserved (Ibid.). In addition to the general damages representing the value of the tenant’s unexpired term, recovery may be had for expenses of removal. Moreover, if the tenant wrongfully evicted elects to sue in tort, damages may be awarded for mental anguish and pain or physical injury; exemplary damages may also be recovered when the landlord’s conduct justifies the award. Stoiber v. Honeychuck (1980) 101 Cal.App.3d 903, 926.
Types of Constructive Eviction Claims
All constructive eviction claims depend on fact-specific circumstances. Nevertheless, the following is a general list of conduct that may arise to constructive eviction
- Landlord continuously harasses
- Landlord verbally terminate tenancy
- Landlord fails to provide habitable premises
- Landlord ignores repair requests (maintenance requests)
- Utility Shutoffs
- Rent increases
Contact Bay Area Legal Group today to discuss possible wrongful eviction claims.
- San Francisco Constructive Eviction Lawyer
- Oakland Constructive Eviction Lawyer
- Berkeley Constructive Eviction Lawyer
- Alameda Constructive Eviction Lawyer
Call Bay Area Legal Group for your constructive eviction consultation. 415-650-1296