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How can we evict a tenant for unpaid rent and damage claims?

How can we evict a tenant for unpaid rent and damage claims?

Full question:

We have given a house for rent in Sacramento CA.We have signed 1 year agreement will be completed around Jul 2010Two weeks back, there was leak in sealing and water came little lit into one room.Next day, we called roofer and fixed the roof and handy man came fixed sealing with dry wall and other stuff. Now tenant is saying, water leak damaged some his furniture and mold came on his bed. We have taken picture of bed with mold. Tenant is asking $4000:00 for damage and did not paid Feb 2010 month rent.Today, we have given 3 days to vacate notice personally but Tenant did not take it. From last 5 months, tenant did not allow us go into house for any inspection and they are not keeping in clean and safely. Please advise, how do we vacate tenant?.

Category: Landlord Tenant
Subcategory: Lease Termination
Date: 04/07/2025
State: Nebraska

Answer:

In California, if a tenant fails to pay rent, landlords must typically provide a written notice to pay rent or vacate the premises. This notice usually gives the tenant three days to pay the overdue rent or face eviction. If the tenant does not comply, the landlord can file an unlawful detainer action in court to regain possession of the property.

Regarding the damage claims, if the tenant is asserting that the water leak caused damage to their belongings, it’s important to document everything, including photographs of the damage. However, tenants are generally responsible for their personal property, and landlords are not liable for damages unless the landlord was negligent in maintaining the property.

Since the tenant has not allowed inspections and is potentially violating the rental agreement by not maintaining the property, you may have grounds to terminate the lease for noncompliance. It’s advisable to document all communications and incidents. If the tenant does not vacate after the notice period, you may need to proceed with legal action to evict them.

For specific legal procedures and compliance with local laws, consider consulting a local attorney who specializes in landlord-tenant law.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a landlord have to fix a water leak in California?

In California, landlords are required to maintain rental properties in a habitable condition. If there is a water leak, landlords should address it promptly. While there is no specific time frame mandated by law, delays can be considered a violation of the implied warranty of habitability. Tenants can report the issue to local housing authorities if repairs are not made in a reasonable time frame, typically within a few days to a week, depending on the severity of the leak.

What are my rights if I have no water?

If you have no water in your rental unit, you have the right to a habitable living environment under California law. You should notify your landlord immediately. If the issue is not resolved promptly, you may have the right to withhold rent, make repairs and deduct the cost from your rent, or even terminate the lease. Document all communications and keep records of the issue.

Who pays for a water leak, landlord or tenant in California?

In California, landlords are generally responsible for repairs to the property, including fixing water leaks. Tenants are responsible for damage to their personal property unless the landlord was negligent in maintaining the property. If a leak causes damage to a tenant's belongings, the landlord may not be liable unless they failed to address a known issue.

What are renters' rights in California about no water?

Renters in California have the right to a habitable living space, which includes access to water. If there is no water, tenants can request repairs from the landlord. If the landlord fails to act, tenants may have options such as withholding rent, making repairs themselves and deducting costs, or terminating the lease. It's essential to document all issues and communications with the landlord.

Can a landlord change the terms of a rental agreement in California?

In California, landlords can change the terms of a rental agreement, but they must provide proper notice to the tenant. For month-to-month leases, landlords typically must give 30 days' notice for changes. For fixed-term leases, changes usually require mutual consent from both parties. Always check the lease agreement for specific terms regarding modifications.

How long can a tenant be without water in California?

In California, there is no specific legal timeframe for how long a tenant can be without water. However, landlords are required to provide essential services, including water. If the water is not restored in a reasonable time, which is generally considered to be within a few days, tenants may have the right to take further action, such as withholding rent or seeking repairs.