discrimination, which does not amount to constructive eviction, may
might be stretched" to encompass constructive eviction, which
Drug activity would also fall under this umbrella, although very few claims of constructive eviction
have been filed for drug-related activities.
Constructive eviction claims generally hinge on the specific facts presented, as courts assess the degree of interference with the tenant's operations and try to reach an equitable result.
The California court ruled in favor of the owner, stating that a tenant cannot claim constructive eviction unless the tenant vacates the premises within a reasonable time.
One of the elements a tenant must allege in order to claim a constructive eviction
- at least where the alleged condition is not the result of a knowing wrong by the landlord itself - is that tenant have given notice to landlord concerning the condition:
In addition, to establish a constructive eviction
, tenant must show, in addition to abandonment, all the other elements of such a claim/defense, including:
The Court, on sublandlord's summary judgment motion, dismissed all of the sub-lessee's defenses and counterclaims, except for the defense/counterclaim of constructive eviction