Pushed Out of Your Home Is Still an Eviction — And It Is Still Unlawful.
When landlords use harassment, neglect, or pretextual notices to drive tenants out, the law treats it as an eviction and imposes the full cost.
You may have a case if…
- ›Your landlord allowed conditions to become so bad you had to leave.
- ›You received a pretextual or bad-faith eviction notice.
- ›Your landlord cited 'owner move-in' or 'substantial remodel' but never followed through.
- ›You were locked out or had your belongings removed.
- ›You were forced to accept a low buyout under pressure.
Constructive eviction occurs when a landlord's conduct makes the unit so uninhabitable that a tenant is forced to leave. California law treats it as if the landlord had unlawfully evicted the tenant — opening the door to substantial damages including relocation, rent differential, emotional distress, and punitive damages.
Wrongful evictions under local just-cause ordinances (LA RSO, AB 1482, San Francisco, Oakland, etc.) carry additional remedies including statutory penalties, treble damages in some jurisdictions, and attorneys' fees.
Constructive Eviction Doctrine
When a landlord's intentional or negligent conduct substantially interferes with a tenant's beneficial use of the property and the tenant vacates within a reasonable time, the landlord is liable for damages as in an unlawful eviction.
AB 1482 — Statewide Just Cause
California's statewide just-cause statute requires good-cause grounds for termination after 12 months of tenancy. No-fault terminations require relocation assistance.
Local Just-Cause Ordinances
LA RSO, San Francisco Rent Ordinance, Oakland Just Cause for Eviction Ordinance, and others impose additional restrictions on terminations and often allow tenants to sue for wrongful eviction.
Civil Code §1940.2 / §789.3
Prohibit self-help evictions: lockouts, utility shutoffs, removal of property. Per-day penalties and actual damages.
What you can recover
- •Relocation costs and moving expenses.
- •Rent differential — the additional rent you must pay for comparable replacement housing.
- •Statutory penalties under local ordinances.
- •Emotional distress damages.
- •Punitive damages for bad-faith conduct.
- •Attorneys' fees.
The process
Step 01
Eviction Audit
We review every notice, every communication, and every condition to identify all available theories.
Step 02
Litigation
Filing in Superior Court — and when relevant, defending against any pending unlawful detainer in parallel.
Step 03
Discovery
We obtain the landlord's permits, contractor records, and re-rental history to expose bad-faith 'owner move-in' or 'remodel' claims.
Step 04
Resolution
Settlement, mediation, or trial.
Why Okojie Law
Frequently asked questions
What if I already moved out?+
You can still sue. The case is brought after you vacate, and the very fact you had to move is the cornerstone of damages.
What is a 'sham owner move-in'?+
When a landlord serves an owner-move-in notice but never actually moves in (or re-rents the unit quickly), it is a wrongful eviction. Many local ordinances impose treble damages.
What if I accepted a buyout?+
Buyouts taken under coercive conditions or without proper statutory disclosures (e.g., LA's Tenant Buyout Notification Program) may be voidable. We have unwound buyouts and pursued additional damages.
How long do I have?+
Generally two to four years depending on the theory. Call us immediately.
Will the landlord's insurance cover this?+
We pursue all coverage aggressively. Most landlord policies cover at least negligence-based claims, and many cover broader tenant claims.
What does it cost?+
Nothing up front. Contingency representation.
Tell us what happened.
Confidential. No obligation. We respond within one business day.
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