Constructive Eviction

A constructive eviction occurs when a tenant is forced to move out of their home due to a landlord’s failure to:

1) provide a habitable premises;

2) failure to resolve a substantial nuisance; or

3) as a result of ongoing and severe harassment.

If you have been dealing with problems in your home or apartment that are causing your living situation to be unbearable, and/or are thinking of moving out, be sure to speak to a lawyer before you move. 

While many disputes between landlords and tenants can be resolved informally, situations sometimes arise that require tenants to take legal action. If you are dealing with one of these issues you may consider contacting a capable tenant’s rights lawyer to assert your rights against your landlord or former landlord.

Constructive Eviction situations include:

  • Tenant move out as a result of landlord’s refusal to make necessary repairs, including failing to address mold, mouse/pest infestations, water leaks, defective plumbing, or lack of heat.
  • Landlord harassment of a tenant, such as making repeated threats, sexual advances, demanding tenants vacate, violating tenant privacy, or make unlawful rent increases or other unwarranted charges, or creating or failing to abate nuisances–designed to force you to vacate your rent-controlled unit
  • Apartment is illegal unit and subsequently threatened to evict you from it and/or demolish the unit

Our office represents tenants in constructive eviction lawsuits on a contingency fee rather than by the hour – meaning we don’t get paid until you do.

Case Studies

These are some of our results and not a guarantee of an outcome.


Recovered for a single long-term tenant in San Francisco. Our client was forced to move out of his apartment as a result of extreme landlord harassment.


Recovered in action for group of tenants forced to vacate their San Francisco apartment house due to severe habitability defects including mold and water leaks.


Recovered on behalf of elderly, disabled tenant who was forced to move out of her rent controlled San Francisco apartment of 50 years after landlord/owner failed to resolve numerous building code violations that remained outstanding for over a decade.


Recovered on behalf of a tenant living in an illegal "in-law" unit. In this case a new owner purchased the building and then demolished our client's unit without permits while she was displaced for seismic retrofitting.


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