California Real Estate Practice Exam

Which of the following would not be constructive eviction of a tenant (lessee) by a landlord?

1. During lease, landlord attempts to lease property to others

2. Landlord fails to repair excessive wear and tear to property caused by tenant's neglect

3. Landlord makes extensive, unwarranted alterations to the property

4. Landlord ousts tenants or allows third party to oust tenants

The correct answer is: During lease, landlord attempts to lease property to others

In the context of constructive eviction, it’s important to understand that this legal concept occurs when a landlord's actions severely interfere with a tenant's use and enjoyment of the property, leading the tenant to feel they must vacate. The correct choice reflects a situation where the landlord's actions do not sufficiently deprive the tenant of their rights under the lease. When a landlord attempts to lease the property to others during the lease period, it does not inherently impact the current tenant's ability to use and enjoy their leased space. The tenant retains the right to occupy the property as per the lease agreement, and simply seeking other potential tenants does not rise to the level of denying the current tenant their rights or making the property uninhabitable. On the other hand, the other scenarios involve actions that can lead to a significant impairment of the tenant's rights. For instance, failing to repair damage from a tenant's neglect could still be seen as the landlord's responsibility, but if the neglect is excessive and the tenant's ability to enjoy the property is affected, it might lead to constructive eviction. Making extensive alterations to the property could disrupt the tenant's living conditions significantly, leading to constructive eviction. Finally, ousting tenants, either directly or by allowing third parties to