Here are five of the most common lease violations in California and practical ways to handle them while staying compliant with California landlord-tenant laws.
1. Late or Unpaid Rent
First Step
*Contact the tenant promptly and document all communication.
*Confirm whether the payment is simply late or completely unpaid.
If Rent Remains Unpaid
*Serve a 3-Day Notice to Pay Rent or Quit.
*The notice must state the exact amount of rent owed (excluding late fees and other charges).
*If the tenant pays within three days, the tenancy continues.
*If not, you may file an unlawful detainer (eviction) action.
Best Practice
Accept payments carefully. Accepting partial rent after serving notice may affect your eviction case.
2. Unauthorized Occupants or Pets
Examples:
*A roommate moved in without approval.
*Tenant obtained a dog despite a no-pets policy.
How to Handle
1. Verify the violation with photos, statements, or observations.
2. Serve a 3-Day Notice to Perform Covenant or Quit.
3. Give the tenant the opportunity to:
*Remove the unauthorized occupant or pet, or
*Apply for approval if permitted.
Important
Do not apply pet restrictions to legitimate service animals or emotional support animals when required by fair housing laws.
3. Property Damage or Failure to Maintain Premises
Examples:
*Broken doors or windows.
*Excessive trash accumulation.
*Unauthorized alterations.
How to Handle
1. Document with photos and inspection reports.
2. Notify the tenant in writing.
3. Serve a 3-Day Notice to Perform Covenant or Quit if appropriate.
4. Charge repair costs as allowed under the lease and California law.
Emergency Situations
If the condition poses a health or safety hazard, address it immediately and consult an attorney if eviction becomes necessary.
4. Repeated Noise Complaints or Nuisance Behavior
Examples:
*Loud parties.
*Harassment of neighbors.
*Illegal activities.
How to Handle
1. Gather evidence:
* Neighbor complaints.
* Police reports.
* Videos or written statements.
2. Serve a 3-Day Notice to Perform Covenant or Quit.
3. For severe or ongoing nuisance, you may proceed with eviction if the behavior continues.
Keep Detailed Records
Judges often rely heavily on documentation in nuisance cases.
5. Unauthorized Subletting or Airbnb Rentals
Examples:
*Tenant rents rooms to others.
*Listing the property on Airbnb without permission.
How to Handle
1. Collect evidence (online listings, photos, witness statements).
2. Serve a 3-Day Notice to Perform Covenant or Quit.
3. Require the tenant to:
*Remove the listing.
*End the sublease.
4. If the violation continues, begin eviction proceedings.
Kong Property Management Group provides property management and leasing services to the greater part of Silicon Valley. We specialize in single-family homes, condos, townhomes, duplexes, as well as apartment buildings. Based in San Jose, Kong Property Management Group is a local and family-owned business with over 15 years of combined experience in residential property management, real estate sales, and appraisal.