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  1. #1
    Join Date
    Oct 2005
    Location
    California
    Posts
    13

    Default Proving/Grounds for Constructive Eviction in California

    :!:

    Rented a room to a foreigner who turned out to be here working illegally.He represented himself as a professional securing status here.I found out after he moved in that he was working under the table.His personality after moving in was very unstable,angry one minute and happy the next.I caught him snooping in personal files on my computer after telling my colleague he was an ''expert hacker''.He ''lost'' his job 2 weeks later and told me he had to leave the country.I advised that he was responsible for rent he agreed to pay under the month to month agreement.He threw a fit and started acting aggressive and intimidating.At that time I told him I would need to check his id,which he was supposed to supply after moving in(said it was at the embassy)His behavior made me nervous as I'm a petite female.I called the police,when he heard I had called the police he packed up his stuff and asked if I would''let him leave''.I said as long as you understand you are leaving at your own discretion.He said yes and left.2 weeks later I get a letter demanding monies for 2 weeks rent and his deposit(half a months rent)accusing me of ''wrongful constructive eviction'' and discrimination/harrassment based on on national origin.Unbelieveable,help!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Demand from Former Tenant

    You are under no obligation to respond to his letter.

  3. #3

    Default No constructive eviction here.

    What is ‘constructive eviction?’
    Constructive eviction occurs when residential rental property is an uninhabitable condition. The uninhabitable condition makes the property unsuitable to live in. When residential real property is uninhabitable, it creates a condition under which the tenant has been "constructively evicted"; the facts and circumstances are such that the tenant is unable to have full use and possession of the rental property and thus, in reality, has been "evicted."

    To claim constructive eviction, thereby relieving the tenant from the obligation to pay rent to the landlord, the tenant must serve the landlord with written notice of the constructive eviction and provide the landlord with a reasonable amount of time to cure the defects. If the landlord does not correct the defects within a reasonable amount of time, the tenant may then be able to leave the rental property and not be responsible for payment of rent which would have been due under the lease or rental agreement.

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