Our Los Angeles Eviction Attorneys recently analyzed an issue pertaining to whether a constructive eviction (i.e., where tenant elects to surrender possession) will support a claim for breach of the implied covenant of quiet enjoyment brought by the tenant.
California law is well settled that every lease contains an implied covenant of quiet enjoyment, whereby the landlord covenants that the tenant shall have quiet enjoyment and possession of the premises. See Petroleum Collections, Inc. v. Swords, (1975) 48 Cal.App.3d 841, 846. Thus, there is an imposed duty of care upon the landlord to ensure tenant’s peaceful and quiet enjoyment of the premises is undisturbed. As follows, where the landlord substantially interferes (as opposed to minor inconveniences or annoyances) with the tenant’s right to use and enjoy the premises, a breach has occurred. This substantial interference does not need to amount to an actual eviction. If the acts of the landlord compel a tenant to surrender possession then such acts may support a claim for breach of quiet enjoyment. See Andrews v. Mobile Aire Estates, (2005) 125 Cal. App. 4th 578, 590.