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.
The correct answer is D because a landlord who properly serves a Three-Day Notice to Quit and follows the legal eviction process through the courts is exercising their lawful right to terminate a tenancy — this is actual, legal eviction, not constructive eviction. Constructive eviction requires that the landlord's conduct make the premises uninhabitable or unusable, forcing the tenant to leave voluntarily; a court-supervised eviction process is the legal antithesis of constructive eviction. Under California Code of Civil Procedure Section 1161, a Three-Day Notice to Quit is the mandatory first step in a lawful unlawful detainer proceeding, making it a protected legal act rather than a wrongful interference with the tenant's possession.
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