What is constructive eviction in California?
Constructive eviction happens when a California landlord's conduct (or inaction) makes the unit so uninhabitable that the tenant is effectively forced out, even though no formal eviction notice was served. The tenant moves out, stops paying rent, and treats the lease as terminated. To win a constructive eviction defense in court, the tenant must usually prove three things: a serious habitability breach attributable to the landlord, written notice giving the landlord a reasonable time to cure, and actual move-out within a reasonable time after the failure to cure. Common factual triggers: prolonged loss of heat or water, severe pest infestation, sewage problems, or harassment. The tenant who stays in the unit and keeps paying rent generally waives the constructive eviction claim.
Source: California common law of leases
This is an informational answer based on California common law of leases as of early 2026. It is not legal advice. Housing law changes year to year and local ordinances (especially in rent-controlled or rent-stabilized cities) can override or add to state law. For contested cases, consult a California-licensed attorney.