All of the following actions constitute constructive eviction under a lease, except:
Audio Lesson
Duration: 2:42
Question & Answer
Review the question and all answer choices
The owner fails to make necessary repairs to the property.
The owner makes extensive and unnecessary changes to the building, making it no longer usable for its original purpose.
This constitutes constructive eviction because extensive, unnecessary changes that make the property unusable for its original purpose create conditions that force the tenant to leave, which meets the definition of constructive eviction.
The owner shows the property to a new prospective tenant and enters into lease negotiations with the new tenant.
This can constitute constructive eviction if the owner's actions significantly interfere with the tenant's use and enjoyment of the property, effectively making it impossible for the tenant to continue occupying the premises.
The owner evicts the tenant after proper service of a Three-day Notice to Quit.
This is actual eviction, not constructive eviction. Constructive eviction occurs when conditions force the tenant to leave, while actual eviction is when the landlord takes legal action to remove the tenant.
Why is this correct?
Option A is correct because while failure to make necessary repairs may violate the implied warranty of habitability, it doesn't automatically constitute constructive eviction unless it renders the property completely uninhabitable. Constructive eviction requires the tenant to actually vacate the premises due to the conditions.
Deep Analysis
AI-powered in-depth explanation of this concept
Constructive eviction is a critical concept in property management and landlord-tenant law that protects tenants when their homes become uninhabitable due to landlord actions or inactions. This question tests understanding of when a tenant may legally break a lease without penalty. The core concept is that constructive eviction occurs when conditions make the property unusable for its intended purpose, forcing the tenant to vacate. Option A is correct because while failure to make necessary repairs creates serious tenant issues, it doesn't automatically constitute constructive eviction unless it renders the property uninhabitable. The question challenges students by distinguishing between landlord obligations and legal grounds for lease termination. Property managers must understand these boundaries to avoid liability and maintain professional relationships while adhering to California's tenant protection laws.
Knowledge Background
Essential context and foundational knowledge
Constructive eviction is a legal doctrine that allows tenants to break their lease without penalty when conditions make the property uninhabitable. In California, this stems from the implied warranty of habitability, which requires landlords to maintain rental properties in habitable condition. For constructive eviction to occur, the tenant must vacate the premises and the conditions must be severe enough that a reasonable person would find the property uninhabitable. The burden of proof is on the tenant to demonstrate that the conditions were intolerable and that they gave the landlord reasonable notice and opportunity to remedy the situation.
Think of constructive eviction as a 'self-eviction' - the tenant essentially evicts themselves because the conditions are so unbearable they have no choice but to leave.
When you see 'constructive eviction' on the exam, remember it's not about what the landlord does TO the tenant, but about conditions that force the tenant to leave on their own.
For constructive eviction questions, remember three key elements: intolerable conditions, landlord's failure to remedy after notice, and tenant's actual vacating of the property.
Real World Application
How this concept applies in actual real estate practice
A property manager in San Francisco receives complaints from tenants about persistent leaks and mold in their apartment. After multiple requests over several months, the manager fails to address the issues. When the tenants' health deteriorates and they move out, they claim constructive eviction. The manager argues they had no obligation to fix the issues immediately. In reality, the manager must demonstrate they took reasonable steps to address the habitability issues or risk liability for constructive eviction.
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