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Los Angeles Constructive Eviction Lawyer

Los Angeles Constructive Eviction Lawyer

Forced to Vacate Your Unit in LA?

Constructive eviction occurs when a landlord’s negligence leaves a tenant with no choice but to abandon their home. Uninhabitable conditions, such as lack of heat, running water, or persistent safety hazards, can make a living space unbearable. California law protects tenants from such egregious landlord behavior.

At Riley | Ersoff | Rodas LLP, we fight aggressively for tenants’ rights. We understand the distress and disruption caused by a constructive eviction, and we’re dedicated to holding negligent landlords accountable. Our attorneys have decades of experience and a proven track record of success, recovering over $196 million for our clients.

Serving Surrounding Neighborhoods

Riley | Ersoff | Rodas LLP serves Los Angeles and surrounding neighborhoods, including:

  • Koreatown
  • Hollywood
  • East Hollywood
  • Westlake / MacArthur Park
  • Pico-Union
  • Mid-City
  • Mid-Wilshire
  • Downtown LA
  • Boyle Heights
  • South LA
  • Van Nuys
  • North Hollywood
  • Panorama City
  • West Hollywood
  • Culver City
  • And more!

Call (888) 658-9695 to schedule a free estimate with a Los Angeles constructive evictions attorney at Riley | Ersoff | Rodas LLP today.

Results Matter

Case results reflect real outcomes secured for past clients and give a sense of what our firm has achieved in similar situations. Every case is different, and past results do not guarantee a future outcome, but they show the kind of accountability we pursue for our clients. View more of our case results

$500,000
Constructive Eviction

What Is an Illegal Eviction?

Landlords cannot simply evict tenants on a whim; they must have valid legal grounds. An illegal eviction occurs when a landlord attempts to remove a tenant from their rental unit for reasons not permitted under California law. 

For example, a landlord can’t evict a tenant for reporting necessary repairs or because they are behind on rent if the landlord hasn’t followed proper legal procedures.

Tenant Rights in Case of Illegal Evictions in Los Angeles 

You have rights if your landlord attempts an illegal eviction. Don’t be intimidated. Fight back.

If faced with an illegal eviction in Los Angeles, consider taking the following steps:

  • Stay put: Do not leave your home unless a court orders you to do so.
  • Document everything: Keep records of communication with your landlord, any notices received, and any evidence of harassment or illegal eviction tactics.
  • Seek legal aid: Contact an experienced tenant rights attorney immediately. We can help you understand your rights and take legal action to stop the illegal eviction.
  • File complaints: Report your landlord’s actions to the Housing Rights Center and other relevant government agencies.

Remember, you are not alone. Riley | Ersoff | Rodas LLP can protect your rights and fight for housing justice. Contact us today for a free consultation.

What Is a Constructive Eviction?

A constructive eviction occurs when a landlord’s actions, or lack thereof, make a rental unit uninhabitable, forcing a tenant to vacate. In essence, the landlord has breached the warranty of habitability, making the living space unsafe or unlivable.   

Examples of conditions leading to constructive eviction:

  • Lack of essential services: No heat in winter, lack of running water, or persistent electrical problems.   
  • Serious health hazards: Mold infestations, lead paint hazards, or severe pest infestations.   
  • Unsafe conditions: Lack of security, broken stairs, or other dangerous conditions.   
  • Unbearable noise or disturbances: Excessive noise from other tenants or the landlord that makes the unit uninhabitable.

In situations like these, you can declare a constructive eviction, move out, and sue your landlord for your harm and losses. 

Constructive eviction damages can include any personal injuries you suffered because of your landlord’s negligence, your moving expenses, and, depending on the circumstances, any additional rent you may have to pay for a comparable apartment or rental home.

Contact us online or call (888) 658-9695 today to schedule a free consultation with a Los Angeles constructive and illegal evictions lawyer. We do not tolerate uncaring and abusive landlords and will always fight for your family.

Landlord Obligations: Upholding the Law & Respecting Tenants’ Rights in Los Angeles

Landlords have a legal and ethical responsibility to provide safe and habitable housing for their tenants. At Riley | Ersoff | Rodas LLP, we fight tirelessly to hold landlords accountable for neglecting these obligations.   

Key landlord responsibilities include:

  • Maintaining habitability: Landlords must maintain their rental properties in a habitable condition, including providing essential services like heat, hot water, and a functioning plumbing system. They must also address health and safety hazards like mold, lead paint, and pest infestations.   
  • Making necessary repairs: Tenants have the right to request repairs for any defects that affect the habitability of their unit. Landlords must respond promptly and make the necessary repairs within a reasonable timeframe.   
  • Following proper eviction procedures: Landlords cannot simply evict tenants on a whim. They must follow strict legal procedures, which include providing proper notice and obtaining a court order before evicting a tenant.   

How Relocation Assistance Is Calculated

If you’re facing a no-fault eviction in Los Angeles, you may be entitled to relocation assistance. This assistance is designed to help cover the costs of moving and finding a new home.   

Relocation assistance is calculated based on several factors, including your household size, income, and the current market rent for comparable units in your area. The exact amount varies, but it’s designed to provide significant financial support during your relocation.

Relocation assistance can come in various forms, including:

  • Financial payouts: A lump sum payment to help cover moving expenses, security deposits, and the difference in rent between your old and new units.
  • Temporary housing: Assistance in finding and securing temporary housing while you search for a new permanent home.   
  • Moving services: Help with packing, loading, and transporting your belongings to your new home.   

FAQs About Constructive Eviction Claims in LA

What must a tenant prove to win a constructive eviction case in Los Angeles?

To succeed in a constructive eviction claim in Los Angeles, the tenant must generally prove four key elements: the landlord substantially interfered with the tenant's use and enjoyment of the property, the interference was serious enough to make the property uninhabitable, the tenant gave the landlord reasonable notice and an opportunity to fix the issue, and the tenant vacated the premises within a reasonable time after the landlord failed to act. Evidence such as photos, repair requests, inspection reports, and witness statements can support the tenant's case.

How does a tenant file a constructive eviction lawsuit in Los Angeles?

A tenant can initiate a constructive eviction lawsuit by filing a complaint in civil court, typically seeking damages such as reimbursement of moving expenses, the difference in rent between the new and old units, or other related losses. In Los Angeles, the lawsuit would generally be filed in the Los Angeles County Superior Court. Tenants are encouraged to consult with a tenant rights attorney or seek assistance from organizations like the Legal Aid Foundation of Los Angeles or the Eviction Defense Network, as proving constructive eviction can be legally complex and fact intensive.

What are the risks of claiming constructive eviction?

Claiming constructive eviction can be risky if not carefully documented and pursued. If the court finds that the conditions were not severe enough to justify vacating the property, or that the tenant did not give proper notice, the tenant might be seen as having broken the lease. This could result in the landlord suing for unpaid rent or damages. Therefore, tenants must carefully document all issues, communications with the landlord, and the reasons for moving out to support their claim and avoid legal repercussions.

How is constructive eviction different from an actual eviction?

Constructive eviction differs from an actual eviction in that it does not involve a landlord formally demanding that the tenant leave through legal proceedings or notice. Instead, the landlord's failure to maintain habitable living conditions effectively forces the tenant to leave. In other words, the landlord's neglect, not an official notice, drives the tenant out. In Los Angeles, tenants facing constructive eviction may still be protected under tenant rights laws, but they must take care to document the habitability issues and their efforts to resolve them before moving out.

What laws in California govern constructive eviction?

Constructive eviction in Los Angeles is primarily governed by California civil case law and statutes, particularly those related to the implied warranty of habitability, a legal standard that requires landlords to keep rental units in livable condition. Civil Code Section 1941.1 outlines the basic habitability standards, and violations of these can form the basis for a constructive eviction claim. Additionally, Los Angeles has local ordinances like the Rent Stabilization Ordinance (RSO) that may provide additional protections depending on the rental unit's status.

Does the landlord have to act intentionally for it to be constructive eviction?

No, a landlord does not need to act intentionally or maliciously for a situation to qualify as constructive eviction. While deliberate neglect or retaliation may strengthen a claim, even negligent failure to repair or maintain critical aspects of the property can meet the threshold. For example, if a landlord fails to address a leaking roof for months despite repeated complaints, the resulting water damage and mold could be enough to establish constructive eviction, regardless of the landlord's intent.

Can a tenant break a lease due to constructive eviction?

Yes, constructive eviction legally entitles a tenant to break a lease without penalty, provided the conditions meet the required legal threshold and the tenant follows proper procedures. This includes documenting the problem, notifying the landlord, allowing reasonable time for repairs, and moving out within a reasonable period after the landlord fails to act. In Los Angeles, breaking a lease under these circumstances is not considered a breach, and tenants may even recover damages through a lawsuit.

What evidence should a tenant gather for a constructive eviction claim?

Strong evidence is critical in a constructive eviction case. Tenants should gather photographs or videos of the conditions, copies of written repair requests or text and email communications with the landlord, inspection reports from code enforcement or health departments, medical records if health was affected, and testimony from witnesses or neighbors. Keeping a log of all issues and landlord responses over time can help show a pattern of neglect, which is key to convincing a court that constructive eviction occurred.

Ready to Fight for You Now

Is your landlord abusing you? Is your landlord taking steps to evict you for an improper purpose? Is your landlord failing to repair or eradicate cockroaches, bed bugs, or other vermin at your apartment or rental home?

Don’t let a negligent landlord violate your rights. Our Los Angeles constructive eviction attorneys can protect your rights and secure your entitled compensation.

 If your landlord is failing to meet their obligations, contact Riley | Ersoff | Rodas LLP today. 

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    “I would recommend the Riley Ersoff Rodas firm because they are the best!”
    I am a very happy client with the results. Thank you to everyone who helped my family with our case. Thank you to Daniel, who was very patient in listening to me and helped a lot, as well as Sandra, Angela, and, of course, the attorney, Victoria. I would recommend the Riley Ersoff Rodas firm because they are the best, and I received a good settlement.
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    I highly recommend this attorney office they helped me and family with a lawsuit against my landlord that had us living in horrible conditions. They fought to get us compensated and they did an amazing job. If you’re looking for a lawyer to handle tenant issues or anything related, this is the best place to seek legal action!
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    I highly recommend Attorney Victoria Ersoff. After months of dealing with a negligent landlord - enduring verbal abuse and deplorable living conditions, including cockroaches - she took on my case and fought tirelessly for my rights until she secured fair compensation. She has changed my life and ensured that my rights were upheld. Thank you to Attorney Victoria Ersoff and her excellent staff. I am deeply grateful.
    - Camila I.

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