Asked in Landlord - Tenant for California

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.

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1 Lawyer Answer
Gregory J. Brod
Gregory J. Brod pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Landlord Tenant Lawyer
  • San Francisco, CA
  • Licensed in California

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.

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