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Constructive eviction is a circumstance where a tenant's use of the property is so significantly impeded by actions under the landlord's authority that the tenant has no alternative but to vacate the premises. [1] The doctrine applies when a landlord of real property has acted in a way that renders the property uninhabitable. Constructive ...
Thus, if a tenant arrives at a leased premises only to discover that it is still inhabited by a previous tenant who is holding over, or by squatters, it is the tenant who has standing to sue for eviction and/or damages, and not the landlord. The tenant may not cancel the lease or refuse to pay rent due to the landlord for the time that the ...
The tenant can ask the court to issue a restraining order, file a criminal complaint against the landlord, or sue him/her for money damages and attorney's fees. Because of these options for recourse, it may be to the tenant's advantage to complain about code violations in writing before the landlord issues a notice of eviction or a rent increase.
Nearly 100 tenants at the Chesapeake Apartments in South L.A. have sued their landlord, citing rampant vermin infestation and other serious problems.
Tenants of an apartment building in East Harlem are suing their landlord, alleging that the landlord hasn't made needed repairs to the building and has stolen security deposits from them.
California cannot reject tenants’ applications for COVID-19 emergency rental assistance after a renter lawsuit raised questions about whether the state program meets constitutional standards.
The landlord may be able to sue the tenant for breach of contract: however, the landlord must mitigate damages by making a reasonable attempt to find a replacement tenant for the remainder of the year. The landlord may not simply let the house lie empty for eleven months and then sue the tenant for eleven months' rent. [6]
If the tenant remains in possession of the property after the notice to vacate has expired, the landlord can then serve the tenant with a lawsuit. Depending on the jurisdiction, the tenant may be required to submit a written response by a specified date, after which time another date is set for the trial. Other jurisdictions may simply require ...
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