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Can my tenant break his lease due to marijuana smoking neighbor?
Anonymous8 views3 answers
My tenant informed me 9 days ago that the downstairs neighbor was smoking pot on his patio and my tenant couldn't use his own patio or open the sliding glass because of the smell. I reported it to the HOA and they issued written warnings to both the neighbor and his landlord. I also called the police to have an officer sent out to investigate. 5 days later, my tenant sent me an email saying he was breaking his lease and moving out in 4 days. In the meantime, the other landlord has started the eviction process of the pot smoking neighbor. My tenant is expecting a refund of his security deposit and 3 weeks of unused rent. He broke the lease without giving me reasonable time to resolve the problem and didn't give me 30 days notice. Is he entitled to a refund under these conditions?
Based upon the facts presented in your question, it appears you have taken reasonable actions to remedy the issue that tenant has complained about. I would preserve all evidence that shows the actions you have taken to remedy the issue. Depending on the terms of the lease, tenant can be liable for the rent under the lease based on how long it takes to get a new tenant (reasonable period of time to mitigate tenant's breach of lease and loss of expected rent). Consult with a real property attorney (landlord-tenant attorney) to ensure you do not withhold part of the deposit you are not entitled as well as if you should seek further remedies concerning tenant's liability under the lease.
As a landlord, you have two implied duties to your tenants under CA law: to provide a unit in habitable conditions, and to not interfere with the "quiet enjoyment" of the property. If your tenant can prove that you violated either of those covenants, for example by not addressing an issue such as incoming marijuana smoke that affects his/her quiet enjoyment of his/her unit in a reasonable time, he/she can break the lease and seek damages. The way I see your situation, everything will depend on whether or not you can prove that you took steps to address the issue in a reasonable manner.
If this is a month-to-month lease, the tenant cannot terminate it without providing a 30-day notice in writing. Until he/she does so, he/she is responsible for the rent.
Regarding the security deposit, if the tenant moves out you still have to provide him/her within 21 days of moving out with either a full refund, or an itemized list of deductions. Keep in mind that under CA law, you have the right to make deductions for unpaid rent.
Brad S KaneLandlord / Tenant LawyerLos Angeles, CACA licensed ·
You apparent to have acted reasonably to remedy the situation and thus fulfilled your obligations as a landlord. You keep records and document all your actions.
If the tenant moves out early, you still need to comply with your obligations under Civil Code 1950.5 and send the tenant an accounting of the security deposit showing deductions for unpaid rent, cleaning and repairing any damage beyond normal wear and tear within 21 days of the tenant vacating the unit.
Finally, you have an obligation to mitigate damages by attempting to re-rent the unit.
