Erlach v. Sierra Asset Servicing, LLC, 226 Cal. App. 4th 1281 (2014)

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       As this court explained recently, " '[i]t has long been the rule that in the absence of
language to the contrary, every lease contains an implied covenant of quiet enjoyment.
[Citations.] Initially, the covenant related solely to the right of possession and only
protected the lessee against any act of molestation committed by the landlord or anyone
claiming under him, or by someone with paramount title, which directly affected the
tenant's use and possession of the leased premises; the covenant was construed to protect
the lessee against physical interference only. [Citation.] In recent years, the covenant of
quiet enjoyment has been expanded, and in this state, for example, it insulates the tenant
against any act or omission on the part of the landlord, or anyone claiming under him,
which interferes with a tenant's right to use and enjoy the premises for the purposes
contemplated by the tenancy. [Citation.]' [Citations.]" (Nativi v. Deutsche Bank
National Trust Company (2014) 223 Cal.App.4th 261, 291-292 (Nativi.)
       Further, "[i]t is not necessary to show that the landlord acted with the subjective
intent to compel the tenant to leave the property or deprive the tenant of quiet enjoyment.
[Citation.] There is a 'presumption that a landlord intends the natural and probable
consequences of his acts; and where the acts of the landlord effectively deprive the tenant
of the use and enjoyment of the premises, the intent to evict is implied from the character
of the acts done. [Citations.]' [Citation.]" (Nativi, supra, 223 Cal.App.4th at p. 292.)
       Simply put, " '[A]ny disturbance of the tenant's possession by the lessor or at his
procurement . . . which has the effect of depriving the tenant of the beneficial enjoyment
of the premises, amounts to a constructive eviction, provided the tenant vacates the
premises within a reasonable time. [Citations.]' [Citations]. The Supreme Court stated
in Standard Live Stock Co. v. Pentz (1928) 204 Cal. 618, 625 . . . that 'the covenant of
quiet possession in a lease is not breached until there has been an actual or constructive
eviction.' Nevertheless, some authorities recognize that a tenant may sue for breach of
the covenant while remaining in possession. [Citations.]" (Nativi, supra, at p. 292.)