All of the following actions constitute constructive eviction under a lease, except:
Correct Answer
D) The owner evicts the tenant after proper service of a three-day notice to quit.
Constructive eviction is the landlord's wrongful interference with the tenant's use and quiet enjoyment — conduct that leaves the premises unfit or unusable and drives the tenant out without any formal eviction. Serving a three-day notice to quit and proceeding through an unlawful detainer action under Code of Civil Procedure §1161 is the opposite of that: the landlord is using the process the law provides, and the tenant leaves under a court judgment rather than under pressure. Failing to keep the unit habitable, gutting the building so it can no longer serve its purpose, and cutting off essential utilities are all interference with possession; lawful process is not.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Mold disclosure involves informing buyers about the presence of mold or conditions that are conducive to mold growth in a property. While no federal mold disclosure law exists, many states require disclosure of known mold issues.
A property condition disclosure is a written statement by the seller detailing the known condition of the property, including defects, repairs, and issues with major systems. Most states require sellers to complete this form.
Protected classes are groups of people who are legally shielded from discrimination based on specific characteristics.
More Practice Of Real Estate Disclosures Questions
Under California law, a real estate agent owes a duty of honest and fair dealing to all parties in a transaction, not only to the agent's own client. Which provision most directly establishes this duty?
A landlord is required to provide a copy of the written lease to the tenant within:
A California-licensed salesperson uses the title 'Real Estate Consultant' on business cards and marketing materials without holding any special certification or designation. Under DRE regulations, this practice is:
Barnard made an offer to buy a vacant residence. The offer was accepted by the seller. Prior to the close of escrow, Barnard requested permission from the broker to enter and make minor repairs to the house. Which of the following is true?
Most common business structure for one individual:
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- → At a DRE administrative disciplinary hearing in California, what standard of proof must the Department meet to sustain a finding against a licensee?
- → The Transfer Disclosure Statement requires sellers to disclose various known property conditions under California Civil Code §1102 et seq. All of the following must be disclosed on the TDS EXCEPT:
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- → A California property owner in a Mello-Roos CFD discovers that the bond proceeds were mismanaged by the CFD administrator and the planned community park was never built, even though property owners have been paying the special tax for 10 years. What legal recourse does the property owner have?
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- → Which of the following correctly describes California's mandatory fair housing continuing education requirement for real estate license renewal?
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