Summer brings longer days, warmer weather, and changes in how we live at home. Residential landlords in Orange County may also see a predictable upswing in certain problems: noise and nuisance complaints, unauthorized guests, and questions about cooling systems.
Anthony Burton helps those renting residential real estate facing conflicts with tenants and others, no matter the season. If you have questions about a legal matter, want advice on addressing or preventing a problem, or need legal representation, call us at (949) 244-4207.
Noise Complaints and Nuisance Behavior
When it gets warmer, people spend more time outdoors and stay up later. Tenants host backyard gatherings, they may play loud music, and entertain guests later into the night. In multi-unit buildings or neighborhoods with small lots, this can quickly affect other residents. Other tenants and neighbors may complain to you, and you’re stuck trying to manage the situation.
Like all landlord-tenant issues, there are many variables to consider:
- How long the tenant in question has lived there
- Whether problems with them are rare or a regular issue
- Is the noise and number of people involved not a big deal, or is this a major house party where police are called?
Under California law, tenants have a right to quiet enjoyment of their unit. That means they have a right to
- Peace and quiet
- To be free of nuisances and disturbances
Maintaining tenants’ quiet enjoyment of their space is your job. If a nuisance or substantial disturbance is due to another tenant, you must take reasonable efforts to stop it.
If the problem is severe enough, another tenant can claim they’ve been constructively evicted and are within their legal rights to break their lease and leave. If you go to court to enforce the lease, they could use as a defense the claim that your conduct or failure to act made their rental unit uninhabitable or that the problem substantially interfered with their use of the property.
There are also local noise ordinances that may be enforced against you if your tenant is causing the problem.
You need to document what’s going on, the complaints you’re getting, your warnings to the tenant, and your actions. If this is an ongoing problem that makes the tenant not worth the rent payments, eviction may be the heavy-handed tool needed to resolve the issue. If you let these situations go, you also risk a tenant using “self-help” to shut down the parties, which could lead to confrontations and violence.
When Do Visitors Become Unauthorized Tenants?
Summer is peak season for short-term rental platforms like Airbnb and Vrbo. Tenants who want to make extra money while they travel may list their unit online without telling you. If they work remotely, they may live elsewhere for a time, and subletting your property helps cover the cost.
If subleasing isn’t mentioned in your lease, your tenant is legally free to do so (though they would be responsible for damage or problems caused by the subtenant). If you’re OK with some subletting and want to control it, your lease can require your approval of the subtenant.
Lease assignment happens when your tenant transfers their rights to another person. Your tenant won’t be relieved of liability under the lease by assigning it to someone else, unless you expressly agree to that. This is also like subletting. If you want to prevent it, it needs to be prohibited in the lease. If you want to allow but control it, the lease must also spell that out.
Summer is a popular time to vacation and visit friends and family. Your tenants may host out-of-town guests, but when do temporary visitors become unauthorized tenants?
How long a non-tenant can stay in the unit as a guest should be spelled out in your lease. If not, and this goes to court because your tenant has essentially added someone to your unit as another tenant without your permission, a judge would look at several issues, including:
- How long have they lived there?
- Are they there continuously, or sporadically?
- Do they get mail there?
- Do they have a key?
- Are their personal belongings there?
- Do they help pay rent?
- What’s their relationship with the tenant?
Again, if your lease effectively addresses this issue, it should make the situation much simpler.
Baby, It’s Hot Outside! Inside, Too!
The average Orange County August high temperature ranges from 83 to 92 degrees, according to Accuweather. The projected “Super” El Niño seasonal weather variation this year may increase temperatures (and rainfall) in the area.
Depending on the heat, a tenant may claim their unit is unbearably hot to the point that it’s not fit to live in (or pay rent for). California landlords must provide space that’s habitable and fit for occupancy. State law lists what a landlord must provide (including a heating system “in good working order”) to accomplish that, but air conditioning isn’t included. The state’s health code requires a rental unit to have functioning ventilation equipment.
If you provide air conditioning, your tenant can argue you have an obligation to maintain it, like other appliances you provide. Repairs need to be done in a reasonable time frame. If you know your tenant has a health condition worsened by the heat, and you’re on notice that the air conditioning you provided isn’t working, putting off repairs may not be reasonable.
Los Angeles County has moved towards mandatory cooling in rented homes. A recently passed ordinance states that, starting in 2027, a space must be no hotter than 82 degrees to be habitable. Part of the ordinance also states that, subject to certain limitations, tenants must be allowed to install their own air conditioners or other cooling devices. If you own property in Los Angeles County and it’s not already air-conditioned, it will have to be by next year.
We’re Here to Help
If you’re a residential landlord who wants to be as profitable as possible, while avoiding or limiting legal risks for your business, call the team at AWB Law, PC at (949) 244-4207 or email us at info@awblawpc.com.
