Landlord-Tenant

What is Land-Tenant law?

Landlord-tenant law governs the relationship, rights, rules, and responsibilities of the parties to a residential or commercial rental agreement. As is the case with most fields of law, some landlord-tenant disputes end up in court, while others do not. Either way, these disputes can arise at three stages of the landlord-tenant relationship: (1) when the tenancy is being negotiated or upon its inception; (2) during the term of the tenancy; and (3) at termination of the tenancy.

We are going to focus on disputes that arise at the termination of the tenancy since this is where most landlord-tenant disputes occur.

What types of disputes arise at the termination of the tenancy?

When a landlord-tenant relationship is terminated and possession of the premises is at issue, often the only way to resolve the situation is with an unlawful detainer (“UD”).

Termination disputes fall into two (2) general categories:

(1) at-fault just cause; and

(2) no-fault just cause.

What is an unlawful detainer?

A UD action is a summary legally proceeding for the restoration of possession of real property in three statutorily specified situations: (1) Landlord against tenant for wrongfully holding over or for breach of the lease; (2) Landowner against employee, agent or licensee upon termination of the employment, agency, or license relationship upon which the right of occupancy was based; or (3) Purchaser at sale under execution, foreclosure or power of sale in mortgage or deed of trust, against the former owner and possessor

Unlawful detainers are afforded precedence over other civil actions, and are resolved relatively quickly because they adjudicate only the right of possession and incidental damages.

If the landlord wins, they’ll get a “judgment for possession” and the tenant has to move out. The sheriff can enforce this judgment. This means the sheriff can physically make the tenant leave.

An Unlawful Detainer case is really fast. Usually, the defendant has 5 court days to file a response. You can have a trial 20 days after that. In general, the defendant can’t file a cross complaint. Despite all the statutes creating a summary proceeding for UD actions, it can still take anywhere from two (2) to three (3) months, and often more, to adjudicate a UD case.

What does it mean when “possession of the premises is at issue?”

For a UD action to lie, possession of the premises must be at issue. All this means is that the landlord wants possession of the premises back and the tenant won’t return possession. Possession of the premises is the fundamental issue in a UD action and if the question of possession is moot, no other "collateral" relief may be obtained in a UD action. Thus, if possession is at issue, a special summary proceeding exists in California that allows a landlord to regain possession of the premises.

What is a summary proceeding?

The California legislature has set forth a set of rules and laws in California that has replaced the common law "self-help" repossession remedies, which often led to violence between landlords and tenants. Real property tenants are not “trespassers" even if they are unlawfully detaining a piece of property. They are entitled to peaceful possession until proper legal process, by settlement or judgment, awards possession to the landlord.

What are the basis for terminating a tenancy?

Broadly, but with exceptions, a tenancy may be terminated by any of the following events:

  • Expiration of fixed term. At the end of the fixed term, the tenancy expires automatically, without any notice.

  • Notice. An “at-will” or periodic tenancy may be terminated for any reason (subject to discrimination, retaliation, and/or rent control limitations) by giving appropriate notice.

  • Tenant's death. An "at will" or month-to-month tenancy terminates by notice of the tenant's death.

  • Breach of covenant. A landlord's breach of a material covenant of the tenancy (warranties of habitability and of quiet enjoyment, duty to repair, etc.) gives the tenant the right to terminate. Conversely, the tenant's breach of a material covenant (e.g., duty to pay rent) gives the landlord the right to terminate

  • Mutual consent. The parties may mutually agree to a termination (express termination by "surrender" or implicit termination by established "abandonment").

 

Three-Day Notice to Terminate

In California, residential tenants have a nonwaivable right to a legally required three-day notice to terminate their tenancy. Any provision in the rental agreement to the contrary is unenforceable. This “nonwaivable” bundle of rights that exist in the California Code (Sec. 1953) do not extend to commercial property tenants. Thus, a commercial lease may validly waive or modify the tenant's right to statutory notice, providing for any substitute form of notice different from and superseding the notice provisions normally required by law.

The most common way to start a UD action is with a Three-Day Notice.

 

Default in Payment of Rent

This is perhaps the most common type of UD action: Three-Day Notice to Pay Rent or Quit.

This cause of action arises when a tenant defaults in the payment of the agreed upon rent. There are very strict requirements when terminating a tenancy based on non-payment of rent including, but not limited to, the substance of the notice to be given and service of the notice.

Breach of Other Rental Agreement Covenant

A Three-Day Notice to Perform Covenant or Quit is likewise a proper way to remove a tenant that has violated material provisions of their lease agreement. The violation must be material and not “trivial” or “de minimis.”

Assignment, Sublease, or Commission of a Nuisance or Using Premise for Illegal Purpose

A Three-Day Notice to Quit is generally served on a tenant who has breached a covenant to not sublet, assign, commit waste, or permits a nuisance (including illegal substance, unlawful weapons or ammunition, or dog and cockfighting). Rent control ordinances often exclude subletting and assignment and make it a curable violation.

 

30/60 Day Notice

The California Code authorizes the termination of a non-fixed term tenancy pursuant to service of a 30-day written notice. For convenience, all termination notices contemplated are referred to as “30-day notices,” but the actual notice period may be longer or shorter.

Month-to-month tenancies. A month-to-month tenancy generally may be terminated upon a minimum 30 days' notice.

Longer-than-monthly tenancies. A periodic tenancy for a term longer than month-to-month may be terminated by minimum 30 days' notice before expiration of the stated term.

Tenancies for less than one month. In contrast, periodic tenancies for a term of less than one month may be terminated by written notice served at least one period's length of time before the desired termination date, so long as at least seven days' notice is given.

Tenants residing in unit less than one year. Residential tenants who have been living in their units for less than one year must be given at least 30 days' notice of termination.

Under California’s Tenant Protection Act of 2019, some tenants may be entitled to relocation assistance. Whether a tenant is entitled to relocation assistance or not, depends on a variety of circumstances.

 

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