As an Orange County landlord, you have rights when a tenant does not hold up their end of the rental agreement. When problems arise, if you can’t resolve the situation, you may need to go to court to protect your property and income. Here are five common reasons landlords sue their tenants and what can lead to the situation.
If you need help addressing a lease issue with a tenant or feel you need legal representation, give Anthony Burton a call at (949) 244-4207 to start the conversation.
1-Unpaid Rent
You may be given any number of reasons why rent hasn’t been paid. Whether it’s credible or not is up to you to decide. Common reasons may be:
- Financial hardship due to job loss, reduced hours, unexpected expenses (medical bills, car repairs), or general inability to keep up with rising rent costs
- The tenant may withhold rent because of unresolved maintenance or habitability issues (mold, broken heat, pest infestation). In California, tenants have a legal right to habitable conditions
- The tenant may believe rent is due on a different date, think they already paid, or have a payment go to the wrong account
- Divorce, illness, death of a family member, or a health crisis can disrupt a tenant’s ability to manage their finances
- The tenant may refuse to pay if they believe you incorrectly charged them for utilities, fees, or other items mixed into the rent amount
- A check bounces, an auto-pay fails, or a new bank account wasn’t set up correctly
- A tenant may stop paying to extend their time in the unit without paying for it, knowing the eviction process will take time
- It’s at the end of the lease, and the tenant wants the amount due in rent to come from the security deposit
Given the reason, the tenant’s credibility, how long they’ve been a tenant, and their payment history, you’ll have to decide how to proceed. A signed lease and written records of missed payments should give you a strong foundation if you want to evict.
2-The Tenant Damaged the Property
If a tenant moves out and leaves your unit in worse shape than normal wear and tear, you may try to recover the cost of repairs. You have 21 days after the tenant moves out to return the security deposit or send them an itemized statement of deductions. If the damage costs more than the deposit, you could sue them for that amount.
California law only allows landlords to deduct from the security deposit for damage beyond normal wear and tear. Scuffs on walls, small nail holes, and worn carpet are examples of normal wear and tear that cannot be charged to the tenant.
You should have move-in and move-out videos, before-and-after tenancy inspection reports, and clear receipts for repairs to help you in this matter.
3-The Tenant Left During the Lease Period
When a tenant moves out before the lease end date without a valid legal reason, the landlord loses rental income. Under California Civil Code Section 1951.2, the tenant may owe you for unpaid rent covering the rest of the lease term. You may use the security deposit to cover some of that loss and sue for the remainder.
California law requires you to make a good-faith efforts to re-rent the unit as soon as reasonably possible. This is called the duty to mitigate damages. If you find a new tenant before the old lease ends, the original tenant only owes rent up to the date the new tenant moves in.
A written lease with a clear end date is strong evidence for you. You may recover unpaid rent plus any reasonable costs incurred in finding a new tenant. If you fail in your duty to mitigate your damages, you may lose part of your damages claim. A tenant may also claim they had a valid reason to leave, such as you failed to keep the unit in a habitable condition.
Depending on the circumstances, you may be happy the tenant breached the lease and left early. They may have been an ongoing problem, or you think you can charge more rent to the next tenant.
4-The Tenant Refuses to Move Out After the Lease Ends
This is the opposite situation. The lease ends, but the tenant doesn’t leave, making them a holdover tenant. If you can’t work something out, you could file an unlawful detainer in court to start the eviction process.
5-The Tenant Creates a Nuisance or Engages in Illegal Activity
California law allows a landlord to start the eviction process when a tenant causes a serious ongoing problem or uses the unit for illegal purposes. The landlord serves a notice to quit with no option to fix the problem. If the tenant stays, you can file an unlawful detainer case in court. You must describe the specific behavior in writing on the notice and prove it in court, if necessary.
If you have credible evidence of illegal activity (like witnesses, police reports, or an arrest) or have documented serious damage to your property, you should have a strong case. Courts generally treat nuisance and illegal use as serious violations that justify fast removal.
We’re Here to Help
If you’re a residential landlord and are having difficulties with a tenant that you think may lead to legal action, call the team at AWB Law, PC at (949) 244-4207 or email us at info@awblawpc.com.
