State Specific Question About: CALIFORNIA (CA)

I have a condo in SoCal that was evacuated for due to the recent fire.

The tenant then complained about smoke damage in the unit. Thanks to the advice on this board, I contacted my insurance and wipe tests and cleanup are happening.

Problem is my tenant, despite the lease mandating it, did not get renters insurance. She said that I told her that renters insurance was not necessary. I have no recollection of saying any such thing and signed lease says otherwise.

So now her belongings are not covered and will still probably smell of smoke even after I mitigate my damages.

Also she want me to reimburse her for all the rent from the evacuation through the cleanup.

Do I have to reimburse her for the rent? I would like to just give 60 days notice but don't want to look like I am retaliating.

Any advice you have is appreciated, thank you

Does your lease say:

1. What happens if tenant fails to take out renters insurance as mandated in the lease?

2. That the lease may not be modified except by an instrument in writing executed by both parties.

3. That there are no additional considerations in the lease other than those contained in the written document.

Remember that any such clauses in the lease need to be drafted in accordance with CA law

Typically a Ca. lease says she only doesn't have to pay rent while the entire unit is uninhabitable. So unless the cleanup deprived her of living completely in the unit her rent is due. Unless she has your verbal advise of not needing renters insurance in writing or with a witness, the written lease conditions hold and she has violated a lease condition.

Based on the condition severity you describe it would seem you can terminate the lease claiming additional repairs are needed or you could give her a "happy letter offer".

Clause says

#19 Tenant Insurance

The tenant agrees to purchase Renter's Insurance at their own expense, sufficient to cover themselves and their property from damage or injury caused by fire, theft, burglary and breakage, and electrical connections and hereby relieves the landlord of all risks that my be insured thereunder. They acknowlege that if they fail to procure such insurance, it is their responsibility and they alone shall bear the consequences.

Oh, and she is an attorney as well.

The unit has been deemed to require cleaning, ozone treatment and carpet cleaning and deodorizing by the insurance company.

Can I just end the lease in order to perform this work?

I would love to give the happy clause.

Could I tell her to just move out and I will refund all money from the date of the fire, and say it will take awhile to have all this work done? So I am just going to end the contract?

Thanks for your help

1. Looking toward a "typical" CA lease is not such a good idea. What would a "good" CA lease say?

2. "Unless she has your verbal advise of not needing renters insurance in writing or with a witness, the written lease conditions hold and she has violated a lease condition. "

Oral contracts (including oral modifications of an existing contract) are valid in CA. So, for it to be upheld, it all depends on who the judge says that he believes. And thats why a "good" lease would forbid oral modifications.

3. Do you expect that it would be simple for LL to just "terminate" the lease unilaterally claiming additional repairs are needed. What power do you have by giving a "happy letter offer"?

4. "Can I just end the lease in order to perform this work? "

I can't see how without a better argument.

5. If the lease indemnifies "themselves and their property from damage or injury caused by fire", then damage to YOUR property is excluded. That may be YOUR responsibility to repair, and she has a contract for you to deliver her a place to stay.

6. I think that it is likely that it will be difficult for you to simply unilaterally end the contract. You are much better off to negotiate a settlement, because a judge will want to see that she also gets something of what she wants.

Hi Moshe,

Thank you and I was thinking I might run into difficulty just ending the contract unless she wanted to go, but I don't think she does.

I will just proceed with cleaning to the spec's from the insurance company.

I'm thinking a Signed Lease, Trumps any Verbal Nonsense.

Hi Mike;

Ask her if she would prefer to cancel the lease, since she had deemed the home uninhabitable?

Her renter's insurance would pay for a hotel and meal per diem if she had it, along with cleaning her personal property

I would try to end it under happy clause. Threaten me in any way and the conversation is over. I'd try saying the remediation company is booked with hundreds of similar jobs from the fires and it will be two months.

" So California allows oral modification of a written lease? "

Oral contracts (including reformation of existing contracts) are valid in most states. I don't know anything about MI.

" I'm thinking a Signed Lease, Trumps any Verbal Nonsense. "

What makes you think that?

I don't know anything about MI, but I wonder if you do either.

First of all I in awe at the amount of fire damage that CA has endured, so sorry anyone has to deal with this, here on the lakeshore we see this every other day on the news and it is not getting better, what a horrible place to be stuck.

Contracts can be made not only by written agreement, but by oral agreement and also by behavior. If you act like a contract has been made, then it has.

As example, if your lease says that tenant owes a late fee if rent is not paid on time, and then you fail to collect the late fee, then the next time it comes up, tenant can argue successfully that both parties agreed to modify the lease.

Similarly, if you notify the tenant that if rent is not paid within 3 days that LL declares tenancy to be defaulted, then if you accept rent, both parties have agreed that the declaration of default has been rescinded.

Mike,

Happy Clause. Don't be shy. Talk to her.

"Mary, It's going to take a while to get this cleaned up. I can let you out of the lease so you can find a new place." (put a deadline on your offer so it does not come back to bite you 6 months from now "Well he SAID I could leave!")

My other concern is that if you clean the walls and carpet the smokey fruniture will stink it up again.

Tip: smoke odor is particles (think super fine dust). Vacuuming and washing makes a big difference. Use Zinsser Smoke Sealant and be happy.

Tip: Renter's ins (sometimes) gives the LL money for removal and damage.

BRAD

Thanks all. Turns out my insurance will cover loss of rent from the fire to the cleanup.

The air outside is still Smokey so the remediation company will tell her that they need to wait a bit before they can proceed.

I did offer to let her out of the lease and waive my right to a 30 day notice. I also told her my insurance would cover my loss of rent (happy clause). She has not responded.

I am thinking of having her sign a waiver if she moves her smoke smelling furniture back inside after this work is done.

Although honestly it's not that bad. It's a 32 unit condo and everyone else is just dealing

Placing the ball in the tenants court allows them to do what they want to so that they are best pleased with the outcome.

If they elect to terminate because they believe it is too bad,and you are willing to cooperate with them - the all should be good.