Loss of quiet enjoyment of the property exceptions

Loss of quiet enjoyment of the property exceptions by newtothescene on July 16, 2017 @20:34

Does Mandatory work from an HOA inside rental condos that will take several days with breaks in work days violate " loss of quiet enjoyment of the property"for tenants? in California??

Are landlords responsible?

Are there exceptions to this rule for landlords if so can you refer me to any links or info.

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Re: Loss of quiet enjoyment of the property exceptions by Ca Landlord (California) on July 16, 2017 @21:25	[ Reply ]

You are heading down the wrong path following bad advice. You have a lease with your tenants and it is you that are responsible for the tenants "quiet enjoyment" even if it's your HOA who is violating it. Civil Code 1927, 'Tenant Right to Quiet Enjoyment in California' California Civil Code 1927 states: Implied in every rental agreement, there is an obligation by the landlord to provide the tenant with “quiet enjoyment” and not to disturb the tenant. A landlord who does not provide the tenant with quiet enjoyment under Civil Code 1927 subjects himself to liability. To establish the landlord’s breach of quiet enjoyment, the tenant must be able to show substantial interference. Mere inconveniences or annoyances are insufficient. (Several days of repair work will clearly meet this requirement) If the landlord breaches the duty to provide quiet enjoyment to the tenant under Civil Code 1927, the tenant may be able to: Bring an action for breach of contract against the landlord Exercise remedies found in Civil Code 1940.2 (civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation. Seek injunctive relief to force the landlord to stop whatever he is doing Raise the landlord’s breach of quiet enjoyment as a defense to an action for unlawful detainer if the landlord sues for possession There may be other remedies available to tenants if the landlord breaches the implied covenant of quiet enjoyment under Civil Code 1927 also. You need to take responsibility and handle this professionally to avoid costly repercussions. You need to send a letter to your tenants explaining the nature of the repairs. How they will be completed and what is expected as to involvement with the tenant. You will have to give proper notice to enter the rental as required (24 hrs). You need to insure that no authorized worker has access to the rental without you, your agent or the tenants being there, as you will be liable for any damages or potential theft of the tenants property. This is not some minor issue that you can just gloss over, you have legal obligations towards your tenants. You need to step up to the plate and offer some type of compensation that is meaningful for your tenants inconvenience during the repairs. Otherwise it will be a judge that will determine how much it's going to cost you and this could be in the thousands, if not more. It's not you that determines how inconvenient the tenants are, but the possibility of a judge or jury determining it. You are a landlord and that comes with legal responsibilities that you need to be aware of. Again, a letter explaining the work needed, the time frame for completion and and offering of compensation for the inconvenience.

Re: Loss of quiet enjoyment of the property exceptions

Loss of quiet enjoyment of the property exceptions - Landlord Forum thread 353272