Cal. Apartment Assn. v. City of Pasadena (2025)
- Citation
- Cal. Apartment Assn. v. City of Pasadena (2025)
- Parent Document
- Cal. Apartment Assn. v. City of Pasadena (2025)
- Jurisdiction
- California (state)
- Effective Date
- 2025-12-18
Other Sections in This Document (114)
- Cal. Apartment Assn. v. City of Pasadena (2025)
- Cal. Apartment Assn. v. City of Pasadena (2025)
- Cal. Apartment Assn. v. City of Pasadena (2025)
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Full Text
1,882 chars65
enjoyment of the premises.” (Cunningham v. Universal
Underwriters (2002) 98 Cal.App.4th 1141, 1152; accord, Erlach v.
Sierra Asset Servicing, LLC (2014) 226 Cal.App.4th 1281, 1299-
1300 [“Any interference by the landlord that deprives the tenant
of the beneficial enjoyment of the premises or renders the
premises unfit for the purposes for which they are let amounts to
a constructive eviction if the tenant so elects and vacates within a
reasonable time.”]; see also Stoiber v. Honeychuck (1980)
101 Cal.App.3d 903, 926 [“Abandonment of premises by the
tenant within a reasonable time after the wrongful act of the
landlord is essential to enable the tenant to claim a constructive
eviction.”]; Friedman et al., Cal. Practice Guide: Landlord-Tenant
(The Rutter Group Aug. 2025) ¶ 7:289 [“Generally, a constructive
eviction results only from a landlord’s material breach of the
rental agreement . . . usually some form of adverse conduct that
substantially interferes with the beneficial use of the premises.”].)
When a constructive eviction occurs, “the tenant is relieved of the
obligation to pay rent and may sue for damages.” (Andrews v.
Mobile Aire Estates (2005) 125 Cal.App.4th 578, 590; accord,
Kulawitz v. Pacific Woodenware & Paper Co. (1944) 25 Cal.2d
664, 670.) A landlord’s lawful, good faith rent increase under the
Costa-Hawkins Act plainly does not entitle the tenant to stop
paying rent and sue the landlord for damages. Imposing such a
lawful rent increase, even on a tenant who is unable to pay the
increased amount, is not a constructive eviction.
Respondents rely on San Francisco Apartment Assn. v. City
and County of San Francisco (2022) 74 Cal.App.5th 288, 294
(SFAA III) and Mak v. City of Berkeley Rent Stabilization Bd.
(2015) 240 Cal.App.4th 60, 69-70, which held local measures were
not preempted by the Costa-Hawkins Act’s vacancy decontrol