Re: Loss of quiet enjoyment of the property exceptions

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

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.

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Re: Loss of quiet enjoyment of the property exceptions by newtothescene on July 16, 2017 @21:53	[ Reply ]

I appreciate all the info, but you don't have all the facts about the situation. I plan on compensating them probably for the 4 days that actual work will be done, people coming and going and possibly one more day for the day the inspector will be there, the other 7 to 8 days no one will be there they are just throwing the quiet enjoyment phrase out there when they requested a reduction in rent for a job that hasn't happened yet. As I said the HOA is conducting this mandatory piping upgrade and the unit they are in is a floor plan with the least amount of cutting... There were provided with all the information from the HOA and had a walk through with Project Manager a week ago and the work doesn't start for two more weeks. They are well informed. they are trying to claim major inconvenience because they can't put some dishes and toiletries back in their respective cabinets and will have a few pieces of furniture temporarily relocated for access and I get it, it would be annoying but livable and functional. The actual work is only 4 days, but stretched out of about 11. I'm thinking prorated rent for 5 maybe six days is fair, your thoughts. I'm aware I don't have to do anything, but want to work with them, but I'm not committing to anything with them prorate wise until after the work is completed. they are totally inflating this whole thing and nothing has even happened yet. From my reading if the work to be done is required by code or is otherwise necessary, even if the HOA does it this is an exception to the quiet enjoyment rule Civil Code section 1954.

Re: Loss of quiet enjoyment of the property exceptions by Ca Landlord (California) on July 16, 2017 @23:54	[ Reply ]

You are the landlord! You are legally responsible for your tenants quiet enjoyment! You are the one who will be violating the law and breaching the lease! It's you who will be legally responsible for the tenants damages! It does not matter they were provided with info by the HOA. It's still your legal responsibility! It's not about dishes, toiletries or furniture being moved! It's about a violation of the lease and state law. Both you and the HOA need to follow state law on giving proper notice to enter also. Your thinking is wrong, don't let this become a large issue that winds up in court. There you may learn a very expensive lesson! Some landlords just need to learn the hard way. And yes you do have to do something, you just cannot ignore the issue unless you want to enjoy some pissed off tenants that can make your life hell till their lease expires. Don't let stupidity blind you, you have a legal responsibility to protect your tenants. Hope all does go well for you, but with your mind set that you have no responsibility raises doubts? Personally I would do six-seven days prorated rent and a gift card for a nice dinner at a neighborhood restaurant or maybe a gift basket. Doing nothing is more expensive in the long run than taken a proactive stance now.

Re: Loss of quiet enjoyment of the property exceptions by newtothescene on July 17, 2017 @11:52	[ Reply ]

You are getting way to worked up about this. I said NOTHING about not doing anything for them and you do not know all of the details or especially my mind set. I have no idea where you are pulling that from? My point was "legally" i do not have to provide any compensation under this circumstances and that's all i said. Yes i realize as an owner i am ultimately responsible for this property/condo and keeping the tenants happy, nor am i stupid. I am trying to be proactive in asking for advice and researching info prior to anything even happening. I inquired about "quiet enjoyment...." and exceptions, of which i have since found out there are. I nor the HOA will be in violation of this because the work is mandatory to bring their, the HOA's piping up to code for over a hundred units to prevent any major problems i don't know the Code off hand read it last night. I am not responsible if any of their items were to get damaged as they are signing a waiver and i don't currently know if they have renters insurance. As i previously said there are only 4 actual days of work/workers in their unit, but because some of their belongings will be moved around/out of place because the work/inspection is spread out over several days it is like 12 days of compensation they are alluding to, which i think is excessive and unrealistic. I will be responding to them with a letter/email with in the week more or less letting them know i think it is premature to discuss compensation prior to anything even happening and assure them i want to work with them not against them "within reason", that being said I think as previously stated and you mentioned also that five to six days is more then fair, i had also thought of a gift card.

Re: Loss of quiet enjoyment of the property exceptions

Re: Loss of quiet enjoyment of the property exceptions - Landlord Forum thread 353275