While most property owners strive to meet their obligations, disputes inevitably arise. Most of them can be addressed through negotiation, but conflicts may end up in court. Here are some common lease-breach claims I encounter in my practice representing landlords in tenant disputes.
Anthony Burton helps those renting residential real estate with legal issues, including alleged lease violations. But one of the most important things we do is prevent problems for our clients, either by being proactive or by resolving challenges through negotiation. Learn more by calling us at (949) 244-4207.
1-Failure to Make Repairs and Maintain the Property
This is the most common complaint tenants raise against landlords. If the claim is true, you may breach lease terms and, if the situation is bad enough, California’s implied warranty of habitability. This requires you to maintain rental properties in a livable condition. When critical problems go unaddressed, tenants often claim their landlord has breached the lease agreement and a unit is not habitable.
These claims can involve the following:
- Heating and cooling system failures
- Plumbing problems
- Roof leaks
- Water damage and mold
- Electrical hazards
- Pest infestations
- Broken appliances that were included with the unit
Depending on the situation, tenants may claim the alleged failure to address these problems constitutes a breach of the lease, potentially entitling them to:
- Withhold rent
- Perform their own repairs and deduct the cost from rent payments
- Lease termination
You should respond to repair requests within a reasonable timeframe, which depends on the severity and nature of the problem. To protect yourself from these claims:
- Create procedures for tenants to report problems, as well as how you receive, and respond to maintenance requests
- Document all communications with tenants about repairs, including when requests were made and when work was completed
- When repair issues arise, address them promptly or provide tenants with a realistic timeline for completion
- If delays occur due to circumstances beyond your control, communicate this to your tenants
Most landlords are sensible enough to know that something that’s broken or damaged won’t fix itself, and failing to address the issue can lead to more costly repairs later on.
2-Failing to Complete Promised Apartment Improvements
Another common claim is that the landlord promised to make improvements or upgrades to the unit but failed to follow through. This can arise during lease negotiations when you offer enhancements to keep a good tenant or to justify charging higher rent. Improvements could include the following,
- Paint one or more rooms
- Install new flooring
- Upgrade appliances
A tenant may feel cheated if they lived up to their end of the bargain (by, let’s say, agreeing to pay higher rent), but you did not.
Problems occur when:
- These promises aren’t properly documented in the lease agreement or a separate document
- The improvement is completed later than promised
- The work is never done
Tenants may claim they relied on these representations when signing the lease and that the landlord’s failure to deliver is a breach of contract or lease.
Verbal promises about renovations not put in writing can lead to he-said-she-said disputes about what was agreed upon. You may also include improvement obligations in writing, but you underestimated the time or cost involved, resulting in delays or abandonment of the project.
Improvements you promise to make should be outlined in a lease agreement with flexible timelines in case things don’t go as planned. Be realistic about what you can deliver and when. If unforeseen circumstances delay your promised improvements, communicate proactively with your tenant and consider offering concessions, such as a temporary rent reduction until the work is complete.
3-Security Deposit Disputes Related to Repair Deductions
Security deposit disputes consistently rank among the top tenant complaints. California has strict laws governing security deposits, and improper handling can result in penalties of up to twice the deposit amount plus attorney’s fees.
Tenants frequently challenge deductions by arguing that the damage was normal wear and tear rather than tenant-caused damage, or that the landlord failed to provide proper documentation of repair costs. They may also claim the landlord didn’t return the deposit or provide an itemized statement within the 21-day deadline California law requires.
The distinction between normal wear and tear and damage can be a fine line. Faded paint, worn carpet from regular use, and minor scuffs typically constitute normal wear and tear, so you cannot deduct repair or replacement from the security deposit. However, large stains, holes in walls, broken fixtures, or excessive filth may justify deductions.
Thoroughly document the unit’s condition before the tenant takes possession and when they leave. Use videos and photos. Ideally, conduct these inspections with the tenant and record a “play-by-play” with them so you have documentation of one or both parties recognizing the problems.
Keep all receipts for repairs and cleaning, and ensure your itemized deduction statement reflects the costs you incurred. You can only deduct for repairs, not for improvements or upgrades to the property.
4-Unlawful Entry and Privacy Violations
California Civil Code Section 1954 strictly limits when and how landlords can legally enter rental properties. Tenants accuse landlords of breaching the lease by entering without proper notice or without a legally permissible reason.
You may enter rental units with 24 hours’ advance written notice (except in emergencies) and only during normal business hours unless the tenant consents otherwise. The entry must be for a legitimate purpose such as making necessary repairs, showing the property to prospective tenants or buyers, or inspecting the premises as allowed by the lease.
Violations occur if you enter without a legitimate reason, repeatedly show up unannounced, or use their keys to access the property for convenience rather than necessity. Some tenants have hidden security cameras in their units, making it difficult to dispute that you improperly entered the unit.
We’re Here to Help
If you’re a residential landlord with questions about your obligations under a lease or state statutes, or you need legal representation, call the team at AWB Law, PC at (949) 244-4207 or email us at info@awblawpc.com.
