Does voluntarily vacating and the landlord changing the locks count as a constructive eviction?

Other answers (1)

1. Answered by a user October 02, 2010 09:50. Correction, $1450 of the $2750 due was paid on time, and we left the unit 10 days into the month, so we actually overpaid for half the month. In paragraph (b) section (2) of CC 789.3, it states that a landlord cannot attempt to terminate a lease by willfully changing the locks. "(b) In addition, a landlord shall not, with intent to terminate
   the occupancy under any lease or other tenancy or estate at will,
   however created, of property used by a tenant as his or her
   residence, willfully:
   (1) Prevent the tenant from gaining reasonable access to the
   property by changing the locks or using a bootlock or by any other
   similar method or device;"
   This prevents the tenant from having full and joyful use of the apartment, which from everything else I have read, DOES constitute a constructive eviction. As for the deposit, can you tell me what code says that I have waived my right to a refund of the deposit by vacating the unit? " (g) (1) No later than 21 calendar days after the tenant has
   vacated the premises, but not earlier than the time that either the
   landlord or the tenant provides a notice to terminate the tenancy
   under Section 1946 or 1946.1, Section 1161 of the Code of Civil
   Procedure, or not earlier than 60 calendar days prior to the
   expiration of a fixed-term lease, the landlord shall furnish the
   tenant, by personal delivery or by first-class mail, postage prepaid,
   a copy of an itemized statement indicating the basis for, and the
   amount of, any security received and the disposition of the security
   and shall return any remaining portion of the security to the tenant." "(B) The tenant waived the rights specified in paragraphs (2) and
   (3). The waiver shall only be effective if it is signed by the tenant
   at the same time or after a notice to terminate a tenancy under
   Section 1946 or 1946.1 has been given, a notice under Section 1161 of
   the Code of Civil Procedure has been given, or no earlier than 60
   calendar days prior to the expiration of a fixed-term lease. The
   waiver shall substantially include the text of paragraph (2)." I don't see anything in this clause that says you waive your rights by voluntarily vacating at the landlord's request, and I never signed anything when we moved out.

   • Mark as helpful
   • 1 comment
   • Flag