Below are questions asked by rental property owners regarding California incurable notices, followed by answers provided by the law firm of Simone and Blevins.
Question 1: My tenant is renting my single-family home in Pacific Beach on Airbnb without my permission. Our lease states that subletting, assigning and renting the property as a short-term rental is a non-curable breach of the lease. Can I serve my tenant with a non-curable notice to quit?
Answer 1: Yes, if you can establish that your tenant has sublet, assigned, or rented the property as a short-term rental without your permission and your lease makes this a non-curable breach of the lease, then you can serve your tenant with a notice to quit without an opportunity to cure. If the tenant does not return possession of the property after the notice expires, then you can file an unlawful detainer action (eviction).
Q2: I own an apartment complex in El Cajon. One of my tenants called my rental office and told my property manager that her neighbor in the unit next door is causing a nuisance by smoking in the common area and leaving trash everywhere. I am not sure that these complaints are considered a nuisance. What is the legal definition of nuisance?
A2: Nuisance is defined in Civil Code 3479 as “[a]nything which is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.” A nuisance in residential tenancy is any action of a tenant that results in a disturbance to neighbors or other tenants that restricts their ability to enjoy the property that they occupy. Smoking in the common areas and leaving trash may be considered a nuisance if it interferes with the neighbor’s use of the property. If you are unsure whether a tenant’s behavior is causing a nuisance, you should contact an attorney’s office.
Q3: I have a tenant that is causing a nuisance at my rental property. I have received multiple complaints that the tenant is having loud parties and annoying his neighbors by playing music late at night. I have reviewed my lease and realized that the contract does not prohibit causing a nuisance. Can I still give my tenant a termination notice based on nuisance?
A3:Yes, you can serve the tenant with a notice to quit for causing a nuisance even if your rental agreement or lease does not have a covenant (term) prohibiting nuisances. The behavior must be so offensive that it interferes with the comfortable enjoyment of life or property of the neighbors. You should consult with an attorney prior to issuing a non-curable nuisance notice.
Q4: My tenant recently caused a fire that destroyed the kitchen of my rental unit. The tenant admitted to the fire investigator that he left the oven unattended while warming food. This caused the kitchen curtains to catch fire. Is this considered waste?
A4: Yes, causing a fire and destroying the kitchen is considered waste. Pursuant to California case law, waste is defined as damage where “the market value is substantially or permanently diminished or depreciated.” In this scenario, the kitchen damage would substantially diminish the market value of the rental property. However, in order to terminate a tenancy for waste your written rental agreement or lease must include a provision prohibiting waste. You should consult with an attorney prior to serving a notice for termination based on waste.
Q5: I own an apartment complex in La Mesa and rent out both units. One of my tenants let me know that the other tenant has just brought home a puppy, though the lease does not allow for pets on the property. Can I give my tenant a non-curable notice to quit based on unlawful purpose?
A5: No. If the dog is not causing a nuisance at the property or harming the neighbors of the property, you will need to serve a breach of lease notice. This notice is curable, as long as the tenant removes the dog from the property or receives written permission from the landlord to have the dog on the property. You will likely need to serve a subsequent incurable notice to quit if the issue is not cured if your property is subject to just cause rent control.
The law firm of Simone & Blevins has been doing evictions for over 28 years. Their office is open Monday – Friday from 9:00 AM to 5:00 PM. Tel: 619-235-6180, website: www.landlordslegalcenter.com, or email info@simonelawfirm.com.