California Real Estate Practice Exam

A tenant is justified in abandoning a lease property if the landlord demonstrates constructive eviction. Which of the following acts would be considered constructive eviction?

1. The landlord has failed to make needed repairs and maintain the property in the agreed manner.

2. The landlord has altered the building to an extent that it is no longer usable for its original purpose.

3. All of the above.

4. The property has been shown to another party that has entered into negotiations with the landlord.

The correct answer is: The landlord has failed to make needed repairs and maintain the property in the agreed manner.

The correct understanding of constructive eviction recognizes that it occurs when a tenant is effectively forced to leave the property due to the actions or inactions of the landlord that violate the terms of the lease or diminish the property's habitability. When a landlord fails to make necessary repairs and maintain the property as agreed, this can lead to conditions that make the property unlivable or significantly detract from its use. This situation exemplifies constructive eviction, as the tenant is justified in vacating the premises when essential repairs are ignored and the living conditions become intolerable. Furthermore, if a landlord alters the building in such a way that it is no longer usable for its intended purpose, this would also constitute constructive eviction. Such alterations could impede the tenant's ability to conduct their business or live in the property comfortably, thereby justifying their decision to abandon the lease. Therefore, the correct answer encompasses both situations where the landlord's failure to act or unreasonable alterations directly impact the tenant's ability to enjoy the premises, reinforcing that a tenant has legitimate grounds for abandoning the property under these circumstances.