§7.05 Independent Action Against Landlord

A tenant or former tenant may bring a general civil action for damages against a landlord for the landlord’s breaches of implied and express covenants of the rental agreement. The damages might also include general tort claims. An action might include these causes of action:

• Breach of the implied warranty of habitability,
• Nuisance,
• Intentional infliction of emotional distress,
• Negligent infliction of emotional distress,
• Constructive eviction,
• Breach of the implied covenant of quiet enjoyment,
• Retaliatory eviction,
• Discrimination in violation of state and federal law, and
• Termination of utility services or changing locks.

In addition to being held liable for compensatory, statutory, and punitive damages (depending on the cause of action), a landlord may be ordered to abate a nuisance or to repair substandard conditions. [See CC §§51, 789.3, 1941.1, 1942.4, 1942.5; Stoiber v Honeychuck (1980) 101 CA3d 903, 913–925, Landeros v Pankey (1995) 39 CA4th 1167, 1169; Barela v Superior Court (1981) 30 C3d 244, 249.]