Evicting Tenants with a 3 Day Notice in California for Committing Waste

 

A California landlord may terminate a tenancy in California if the tenant commits “waste.”

The rules for what constitutes “waste” are very particular.  Landlords are strongly advised to seek legal counsel before starting the eviction process based on a theory of “waste.”

Generally, waste requires that the tenant’s act substantially or permanently diminished the market value of the property as a whole.  Some damage to the property, without evidence of its impact on market value, is not enough.  For example, case history showed that proof of $4,000 damage caused by the tenant’s pet (due to having to replace the floor and repair the walls) was not enough to establish waste in and of itself because of no evidence of consequential change in market value.

I want to reiterate that an eviction based on waste can be tricky.  Landlords should seek the advice of experienced counsel before attempting an eviction predicated on waste.

Additional blog posts on evictions can be found here.

For more information, contact the Law Office of David Piotrowski.

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