California Real Estate Practice Exam

Which of the following actions by a landlord can result in constructive eviction?

1. Charging additional rent without notice

2. Entering the property without permission

3. Making extensive, unwarranted alterations to the property

4. Neglecting to maintain the property's exterior appearance

The correct answer is: Charging additional rent without notice

The concept of constructive eviction occurs when a landlord's actions substantially interfere with the tenant's ability to use and enjoy the rented property, essentially forcing the tenant to vacate. The correct choice highlights the scenario where a landlord charges additional rent without notice. This can create an undue financial burden on the tenant, altering the terms of their lease unilaterally and unexpectedly. By imposing extra charges without prior notice or agreement, the landlord effectively disrupts the expected living conditions and financial arrangements, which can lead the tenant to conclude that their continued occupancy is untenable. In such cases, the tenant may feel justified in abandoning the property, thereby claiming constructive eviction. The other options, though potentially problematic, do not inherently lead to constructive eviction in the way that charging unexpected rent does. For instance, entering the property without permission may violate privacy but does not directly impede the tenant's enjoyment of the property unless it becomes harassment or creates an unsafe environment. Making unwarranted alterations could also cause inconvenience but does not necessarily make the premises uninhabitable unless the changes result in significant issues. Similarly, neglecting maintenance might diminish appeal or usability, but unless it creates a situation that affects livability directly, it does not rise to the level of constructive eviction as