Constructive eviction is a legal concept which basically provides that anything that materially interferes with the covenant of habitability which is implied in every residential property lease constitutes "constructive" eviction as opposed to "actual" eviction. Any building that is intended for human occupancy must be "tenatable." Check California Civil Code sections 1941, 1941.1, and 1941.3, related to landlord's duties.
As always, contact a competent real estate attorney before taking any action related to the legal issues discussed above.
Thomas F. Nowland, Esq.
Nowland Stone LLP
There is no code section for “constructive eviction” it is a common law concept that has evolved through case law. I believe the rental agency's attorneys will be familiar with the concept.
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Perhaps you can take a look at the following for the explanation and the various supporting legal authorities (see the footnotes):
http://www.dca.ca.gov/publications/landlordbook/repairs.shtmlAsk a similar question