Case encapsulates the frustrations of many landlords
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We were intrigued to see that one of our recent social media posts garnered over 30K views and elicited many spirited comments by frustrated owners and real estate professionals.
The viral post wasn't a video of a piano-playing cat or sneezing panda, but a picture of a stomach-churning kitchen.
We think we struck a nerve among many responsible rental property owners who have encountered squalor in their rental units and discover that the individuals they rent to hide behind heaps of mess. There are many horror stories reported of bad landlords who do not make repairs and the menagerie of shocking abuses are often plastered in the headlines, but more commonplace stories go untold by good landlords who happen upon unacceptable living conditions and damage caused by the neglect of tenants.
These images may be alarming, though we have seen much worse, as have other readers.
In the case at hand, Bornstein Law prepared a notice to cure or quit for a nuisance, but the tenant is claiming the underlying squalor is cured, an assertion met with a healthy dose of skepticism from the landlord.
We are firm believers in “trust but verify,” and so while the owner would like to reasonably inspect the premises to ensure the unit is back up to acceptable condition, the tenant is adamant in denying access. This is a good backdrop to summarize tenant's responsibility to maintain their abode in habitable condition and not interfere with the quiet enjoyment of their neighbors.
Maintaining the rental unit is a dual responsibility
Clearly, landlords have numerous responsibilities to provide a safe, sanitary and secure dwelling. The owner’s duty to provide a habitable dwelling is known as the warranty of habitability and is implied in every residential lease agreement throughout California. We've enumerated landlord duties in the following video.
When it comes to habitability, it's a two-way street. California Civil Code § 1941.2 requires tenants to keep their units clean and sanitary. When the place is trashed, it is rife for landlord-tenant disputes.
However unfortunate the acts of neglect, you can count on the assistance of Bornstein Law to successfully recover possession of a unit that is being mistreated or help ensure the unit is cleaned and remains clean and sanitary for the duration of the tenancy.
The greatest defense is proper tenant screening
We have been preaching for some time that an ounce of prevention is worth a pound of cure, and this begins before the inception of the rental relationship. We have submitted that the law and a culture of forgiveness have concealed rental risks, leaving it up to the landlord or property manager to use some old-fashioned detective work to evaluate the suitability of a tenant. This includes talking to past landlords and asking them whether they would rent to the former tenant again.
Barring any sudden life tragedy, hoarding behaviors usually manifest themselves early on and enlarge over time, and so due diligence in tenant vetting can go a long way in preventing abhorrent conditions.
No matter the stage of the tenancy, Bornstein Law is here to help you properly manage the relationship, avoid or resolve conflict, and cauterize risk.
