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Wrongful and Constructive Eviction

If you were unlawfully removed from your home, or forced out through neglect, lockouts, or harassment, we fight back and hold landlords accountable.

Wrongful and Constructive Eviction

Being forced out of your home, whether through an unlawful eviction or a landlord's deliberate neglect, is a serious violation of your rights. Baghikian Law represents tenants who have been wrongfully evicted or constructively forced out through uninhabitable conditions, utility shutoffs, lockouts, or harassment.

We hold landlords accountable and pursue the full range of damages available under California law, including statutory penalties, relocation costs, and emotional-distress damages where appropriate.

Forms of Wrongful and Constructive Eviction

  • Illegal lockouts and changing the locks
  • Shutting off water, gas, or electricity to force a move-out
  • Removing a tenant's belongings without legal process
  • Harassment and intimidation campaigns
  • Self-help evictions performed without a court order
  • Uninhabitable conditions left deliberately unrepaired

Talk to an attorney today. Consultations are free, confidential, and answered within one business day. Call (818) 804-8901 or use the form.

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FAQ

Wrongful and Constructive Eviction FAQs

What is a wrongful eviction in California?
A wrongful eviction is any removal, or attempted removal, that does not follow the required legal process or relies on a fraudulent or legally insufficient reason. Examples include changing the locks without a court order, shutting off utilities, removing belongings, or falsely claiming an owner move-in. Under Civil Code section 789.3, a tenant may recover actual damages plus a penalty of up to 100 dollars per day, with a 250 dollar minimum.
What is constructive eviction, and how is it different?
Constructive eviction happens when a landlord's conduct, or failure to repair serious defects, makes a unit so uninhabitable that the tenant is effectively forced to leave, even without a formal notice. To succeed, a tenant generally must show wrongful landlord conduct, a substantial interference with use of the home, that they moved out within a reasonable time, and a causal link between the two.
What damages can a tenant recover for a wrongful eviction?
A displaced tenant may recover moving costs, the difference between the old and new rent, emotional distress, lost wages, and actual damages for loss of the tenancy. Punitive damages are possible where conduct is egregious. Illegal lockouts and utility shutoffs carry the per-day penalty under Civil Code section 789.3, and unlawful RSO evictions in the City of LA may allow treble damages and attorney's fees.
What is a retaliatory eviction, and is it illegal?
Yes, it is illegal under Civil Code section 1942.5. If a landlord serves an eviction notice, raises rent, or cuts services within 180 days of a tenant's protected activity, such as complaining about habitability or organizing with other tenants, the law presumes retaliation. The landlord must then prove a legitimate, independent reason. Retaliation can be raised as a defense to an eviction and as a separate claim.
Can I sue if my landlord faked an owner move-in eviction?
Potentially yes. A landlord who evicts based on owner or family occupancy must actually move in within the time the law allows and stay for the required period. If they never move in, or move out soon after, bad faith may be presumed and the tenant may sue for wrongful eviction damages, including moving costs, rent differential, emotional distress, and attorney's fees.

Related Practice Areas

Evictions and Unlawful DetainerHabitability and Tenant RightsRent Control Violations