Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)

Citation: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Parent Document: Bevis v. Terrace View Partners, LP, 244 Cal. Rptr. 3d 797 (2019)
Jurisdiction: California (state)
Effective Date: 2019-02-28
Original Source: https://www.courtlistener.com/opinion/6240337/bevis-v-terrace-view-partners-lp/ ↗

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In Ginsberg v. Gamson (2012) 205 Cal.App.4th 873, 141 Cal.Rptr.3d 62 ( Ginsberg ), the appellate court observed that courts have allowed tort damages for breach of covenant of quiet enjoyment only where there has been a wrongful eviction-i.e., where the landlord's acts or omissions affected the tenant's use of the property and compelled the tenant to vacate the property. ( Id. at pp. 897-898, 141 Cal.Rptr.3d 62.) The Ginsberg court noted that "some courts have implicitly or explicitly indicated a tenant may recover punitive damages in connection with a claim for breach of the implied covenant of quiet enjoyment, or identified the claim as a tort. However, all of those cases describe wrongful eviction claims. In other words, they are cases in which the implied covenant of quiet enjoyment is breached by a wrongful eviction." ( Id. at pp. 898-899, 141 Cal.Rptr.3d 62.) "[W]hen the landlord has breached the implied covenant of quiet enjoyment, but the tenant remains in possession of the premises, the tenant's remedy is to 'sue for breach of contract damages.' " ( Id. at p. 902, 141 Cal.Rptr.3d 62.)

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