Q: My landlord exhibited what is called a constructive eviction also known as a self eviction can I get a restraining order
She put my 8yr old dghtr and my belongings out off the sidewalk also locked us out. Thanks to local police officer he stated we are tenants and we were able to get back in with our belongings. Now she's shut off utilities no water in the house.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (800) 427-7020
- View Profile
- Answered
A: I'm sorry to hear about this situation. This is not a constructive eviction. A constructive eviction is when the tenant moves out, typically due to problems with the conditions or habitability of the property. In that instance, the landlord does not "actually" evict the tenant, but the conditions are so bad that it's like the landlord evicted the tenant by allowing the conditions to exist. A "self eviction" is not recognizable under California law and what you've described is illegal. I'm glad you were able to get assistance from your local police department and I wish you luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
