Landlord Property Damage Lease Violation Demand Letters
Landlord Demand Letters: Property Damage & Lease Violations
California Residential Landlord Enforcement
California Law on Lease Violations & Property Damage
Landlord Rights: California landlords have the right to enforce lease terms and hold tenants financially responsible for property damage beyond normal wear and tear. Depending on the severity and type of violation, landlords can demand compliance, seek monetary damages, or terminate the tenancy.
Types of Lease Violations
| Violation Type | Remedy | Legal Basis |
|---|---|---|
| Property Damage | Repair costs via security deposit or lawsuit | Civil Code § 1950.5; lease agreement |
| Unauthorized Occupants | 3-Day Notice to Cure or Quit; eviction if not cured | CCP § 1161(3); lease agreement |
| Unauthorized Pets | 3-Day Notice to Cure or Quit; eviction if not cured | CCP § 1161(3); lease agreement |
| Nuisance / Disturbance | 3-Day Notice to Cure or Quit; 3-Day Unconditional Quit for serious violations | CCP § 1161(3), (4) |
| Illegal Activity | 3-Day Unconditional Notice to Quit; immediate eviction | CCP § 1161(4) |
| Unpermitted Subletting | 3-Day Notice to Cure or Quit; eviction if not cured | CCP § 1161(3); Civil Code § 1995.010+ |
Property Damage: Normal Wear & Tear vs. Tenant Damage
Normal Wear & Tear (Landlord Pays):
- Faded paint due to sunlight and age
- Minor scuff marks on walls
- Carpet wear from foot traffic
- Small nail holes from hanging pictures
- Worn cabinet hinges, drawer tracks, or door handles
- Minor scratches on hardwood floors from normal use
Tenant Damage (Tenant Pays):
- Holes in walls (larger than small nail holes)
- Broken windows or doors
- Carpet stains, burns, or tears
- Pet damage (scratched floors, chewed trim, urine stains)
- Broken appliances or fixtures due to misuse or neglect
- Mold or water damage caused by tenant’s failure to report leaks or use exhaust fans
- Unapproved alterations (paint, removed fixtures, unauthorized renovations)
Security Deposit Deductions (Civil Code § 1950.5)
Landlords can deduct from security deposits for:
- Unpaid rent
- Repairs for tenant-caused damage beyond normal wear and tear
- Cleaning necessary to restore unit to same level of cleanliness as move-in
- Costs to remedy tenant’s breach of lease (e.g., removing unauthorized locks, repairing unapproved alterations)
⚠️ Security Deposit Rules: Landlords must provide tenant with itemized statement of deductions and receipts/invoices within 21 days of tenant move-out. Failure to comply results in forfeiture of right to deduct any amounts and potential bad faith penalty of 2x security deposit.
3-Day Notice to Cure or Quit (CCP § 1161(3))
For curable lease violations (unauthorized pets, occupants, etc.):
- Landlord serves written notice describing the violation and demanding tenant cure within 3 days or vacate
- If tenant cures the violation (e.g., removes unauthorized pet) within 3 days, tenancy continues
- If tenant fails to cure, landlord can file unlawful detainer
- Some violations are incurable (e.g., illegal drug activity, serious property damage)
3-Day Unconditional Notice to Quit (CCP § 1161(4))
For serious, incurable violations:
- Landlord serves notice demanding tenant vacate within 3 days (no option to cure)
- Used for illegal activity, nuisance, waste, or violations that have been previously cured and repeated
- Tenant has no right to cure—must vacate or face eviction
AB 1482 Just Cause Eviction Restrictions
For covered properties (most residential rentals over 15 years old):
- Landlords can only evict for specific “at-fault” just causes, including material breach of lease (property damage, unauthorized occupants, pets, nuisance, illegal activity)
- Minor lease violations (e.g., late rent paid before 3-Day Notice expires, minor rule infractions) do not qualify as just cause
- Violation must be substantial and documented
Common Lease Violations & Property Damage
1. Property Damage Beyond Normal Wear & Tear
- Holes in Walls: Fist-sized or larger holes, excessive picture hanging holes, drywall damage
- Broken Fixtures: Shattered windows, broken door frames, damaged countertops, broken appliances
- Flooring Damage: Deep scratches, gouges, burns, or stains on carpet, hardwood, or tile
- Graffiti or Unapproved Paint: Spray paint, murals, or paint colors applied without permission
- Pet Damage: Scratched floors/doors, chewed baseboards, urine stains and odor in carpet/subfloor
- Plumbing Damage: Clogged drains from improper disposal, damaged toilets/sinks from misuse
2. Unauthorized Occupants
Definition: A person living in the unit who is not on the lease or authorized in writing by the landlord. Includes romantic partners, family members, or friends who have moved in without landlord approval.
Why It Matters:
- Increases wear and tear on unit
- Increases utility usage (if landlord pays utilities)
- Creates liability risks (unauthorized occupant may claim tenancy rights)
- Violates lease occupancy limits and screening requirements
⚠️ Guests vs. Unauthorized Occupants: Short-term guests (1-2 weeks) are generally allowed. Extended stays (30+ days) or someone who has moved personal belongings into unit may be considered an unauthorized occupant.
3. Unauthorized Pets
Tenant brings pet onto property in violation of no-pet lease clause:
- Dogs/Cats: Most common violation; can cause noise complaints, property damage, allergy issues for future tenants
- Exotic Pets: Birds, reptiles, rodents not disclosed or approved
- Emotional Support Animals (ESAs): While ESAs are exempt from no-pet policies under Fair Housing Act, tenant must provide documentation from healthcare provider. Landlords can still hold tenant liable for any damage caused by ESA
4. Nuisance & Disturbance
- Excessive Noise: Repeated complaints from neighbors about loud music, parties, shouting, domestic disputes
- Harassment of Other Tenants: Threats, intimidation, physical altercations
- Offensive Odors: Hoarding, unsanitary conditions, marijuana smoke (even if legal use, landlords can prohibit smoking)
- Interference with Quiet Enjoyment: Blocking common areas, monopolizing parking, excessive trash accumulation
5. Illegal Activity
- Drug Manufacturing/Sales: Production or sale of illegal drugs on premises
- Prostitution: Using unit for prostitution or sex trafficking
- Stolen Property: Storing stolen goods
- Weapons Violations: Illegal firearms or weapons manufacturing
- Violence: Assaults, domestic violence, threats with weapons
⚠️ Criminal Activity = Immediate Eviction: Illegal activity justifies 3-Day Unconditional Notice to Quit with no opportunity to cure. Landlords may also face liability if they knowingly allow illegal activity to continue.
6. Unauthorized Subletting or Assignment
Tenant sublets unit or allows someone else to occupy without landlord consent:
- Tenant lists unit on Airbnb, VRBO without permission (violates most residential leases)
- Tenant moves out and allows friend/family member to take over without landlord approval
- Tenant assigns lease to new person without landlord’s written consent
California Civil Code §§ 1995.010-1995.340 govern assignments and subleases. In residential leases, landlords can prohibit subletting entirely or require written consent.
7. Hoarding & Unsanitary Conditions
- Excessive accumulation of belongings creating fire hazard or blocking exits
- Trash, rotting food, or filth attracting pests
- Failure to dispose of garbage creating health hazard
- Conditions violating health and safety codes
How to Write Your Property Damage or Lease Violation Demand Letter
Step 1: Document the Violation
Before sending demand letter, gather evidence:
- Photos/Videos: Date-stamped images of property damage, unauthorized pets, evidence of unauthorized occupants
- Lease Agreement: Highlight specific clause(s) tenant violated
- Move-In Inspection Report: Compare current condition to move-in condition to prove damage is not normal wear and tear
- Witness Statements: Complaints from neighbors about noise, nuisance, or disturbance
- Repair Estimates: Quotes from contractors for repair costs
- Police Reports: If applicable for illegal activity or disturbances
Step 2: Choose Your Approach
| Situation | Recommended Approach |
|---|---|
| Minor damage or first-time violation | Informal warning letter demanding cure within 7-10 days |
| Curable violation (unauthorized pet, occupant) | Informal demand first, then 3-Day Notice to Cure or Quit if ignored |
| Property damage tenant refuses to repair | Demand letter stating you will deduct from security deposit or sue for damages |
| Serious or repeated violations | Skip informal demand; serve 3-Day Notice to Cure or Quit (or Unconditional Quit for incurable) |
| Illegal activity | Serve 3-Day Unconditional Notice to Quit immediately |
Step 3: Demand Letter Components
| Component | What to Include |
|---|---|
| Header | Your name, address, contact info; tenant name and unit address |
| Subject | “Notice of Lease Violation” or “Demand for Repair of Property Damage” |
| Description of Violation | Specific description of violation, date discovered, lease clause violated |
| Evidence | Reference attached photos, repair estimates, inspection reports |
| Demand for Cure | Exactly what tenant must do to cure (remove pet, repair damage, remove unauthorized occupant, cease nuisance) |
| Deadline | Specific date by which tenant must cure (typically 7-14 days for informal demand) |
| Consequences | State you will serve formal 3-Day Notice and pursue eviction if not cured, or will deduct repair costs from security deposit / sue for damages |
Step 4: Delivery
- Email + Hard Copy: Send via email and deliver hard copy to unit
- Certified Mail: For serious violations, send via certified mail for proof of delivery
- Post on Door + Mail: Tape to door and send via first-class mail
Step 5: Follow-Up
If Tenant Cures:
- Document that violation has been corrected (photos, inspection)
- Send confirmation letter acknowledging cure and stating tenancy will continue
- Note violation in tenant file in case of future repeat violations
If Tenant Fails to Cure:
- Serve formal 3-Day Notice to Cure or Quit (CCP § 1161(3)) for curable violations
- Serve 3-Day Unconditional Notice to Quit (CCP § 1161(4)) for incurable violations
- If tenant still doesn’t cure or vacate after 3-day period, file unlawful detainer lawsuit
For Property Damage:
- If tenant moves out, deduct repair costs from security deposit and provide itemized statement within 21 days
- If repair costs exceed security deposit, sue in small claims (up to $10,000) or unlimited civil court
- If tenant still occupies unit, demand payment for repairs and state you will sue if not paid
Sample Property Damage & Lease Violation Letters
Sample 1: Property Damage Demand (Tenant Still Occupying)
[Your Name / Property Management Company]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Unit Address]
RE: Notice of Property Damage and Demand for Repair
Dear [Tenant Name]:
I am writing regarding significant property damage to the rental unit located at [Address].
PROPERTY DAMAGE IDENTIFIED:
During my routine inspection on [Date], I discovered the following damage to the unit:
1. Multiple large holes in the living room and bedroom walls (approximately 6-8 inches in diameter)
2. Broken front door handle and damaged door frame
3. Cracked bathroom vanity countertop
4. Deep scratches and gouges in hardwood flooring in hallway
This damage far exceeds normal wear and tear and constitutes a violation of your lease agreement, specifically § [X], which requires you to “maintain the premises in good condition and promptly repair any damage caused by Tenant, Tenant’s guests, or Tenant’s pets.”
REPAIR COST ESTIMATE:
I have obtained repair estimates from licensed contractors:
• Drywall repair and painting: $850
• Door handle and frame repair: $300
• Vanity countertop replacement: $450
• Hardwood floor refinishing: $1,200
Total Estimated Repair Cost: $2,800
Attached are photos of the damage taken on [Date] and copies of the contractor estimates.
DEMAND:
I demand that you immediately arrange for repairs to be completed by licensed, insured contractors within 14 days of receipt of this letter. All repairs must be approved by me before work begins and must restore the unit to its condition at move-in (excluding normal wear and tear).
Alternatively, you may reimburse me for the cost of repairs in the amount of $2,800 within 14 days, and I will arrange for the repairs to be completed.
CONSEQUENCES:
If you fail to repair the damage or reimburse me for repair costs within 14 days, I will:
• Deduct the full repair costs from your security deposit upon move-out
• Sue you in small claims court or unlimited civil court for any repair costs exceeding your security deposit
• Serve a 3-Day Notice to Cure or Quit for breach of lease, and pursue eviction if damage is not remedied
Please contact me by [Date] to confirm your plan for addressing this damage.
Sincerely,
[Your Signature]
[Your Name]
Attachments:
– Photos of property damage (dated [Date])
– Contractor repair estimates
Sample 2: Unauthorized Pet Violation
[Your Name / Property Management Company]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Unit Address]
RE: Notice of Lease Violation – Unauthorized Pet
Dear [Tenant Name]:
I am writing to notify you of a violation of your lease agreement regarding the presence of an unauthorized pet at the rental property located at [Address].
LEASE VIOLATION:
On [Date], I observed a [dog/cat – description: breed, size, color] at your rental unit. On [Date], I received complaints from neighbors in units [X] and [Y] regarding barking and pet odors coming from your unit.
Your lease agreement, signed on [Lease Date], contains a “No Pets” clause in § [X], which states: “Tenant shall not keep any pets, animals, or birds in or about the premises without the prior written consent of Landlord.”
You have not requested or received my written consent to keep a pet at the property.
DEMAND TO CURE:
You must immediately remove the pet from the premises within 7 days of receipt of this letter. The pet must not return to the property at any time during the remainder of your tenancy.
If you wish to request permission to keep a pet, you must:
1. Submit a formal written request
2. Provide veterinary records showing the pet is spayed/neutered and vaccinated
3. Pay a pet deposit of $[Amount] (if I approve the request)
4. Sign a Pet Addendum to your lease
However, I am not obligated to approve your request, and you must remove the pet within 7 days regardless.
CONSEQUENCES:
If the pet is not removed within 7 days, I will serve you with a formal 3-Day Notice to Cure or Quit pursuant to California Code of Civil Procedure § 1161(3). If you fail to remove the pet within 3 days of service of that notice, I will file an unlawful detainer (eviction) lawsuit.
Additionally, you will be held financially responsible for any property damage caused by the pet, including but not limited to:
• Carpet cleaning or replacement for pet urine stains/odor
• Repair of scratched floors or doors
• Repainting to address pet odors or damage
Please confirm in writing by [Date] that the pet has been permanently removed from the premises.
Sincerely,
[Your Signature]
[Your Name]
Sample 3: Unauthorized Occupant
[Your Name]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Unit Address]
RE: Notice of Lease Violation – Unauthorized Occupant
Dear [Tenant Name]:
I am writing regarding an unauthorized occupant residing at your rental unit at [Address] in violation of your lease agreement.
VIOLATION:
Over the past [X] weeks, I have observed an adult male/female, approximately [age], regularly entering and exiting your unit and parking a [vehicle description, license plate] in the assigned parking space. On [Date], I visited the property to address a maintenance issue and this individual answered the door and stated they live at the unit.
Your lease agreement, signed [Date], lists only the following authorized occupants:
• [Tenant Name]
• [Additional authorized occupant, if any]
Section [X] of your lease states: “Only the persons listed as tenants and occupants may reside in the premises. Tenant must obtain Landlord’s prior written consent before allowing any additional person to reside in the unit for more than [X] days.”
You have not requested or received written permission for this additional occupant.
CONCERNS:
Unauthorized occupants:
• Violate lease occupancy limits and may violate local zoning/housing codes
• Create liability risks for me as the property owner
• Increase wear and tear on the property
• Deprive me of the right to screen all occupants for credit, background, and rental history
DEMAND:
You must immediately remove the unauthorized occupant from the premises within 7 days of receipt of this letter. This person must cease residing at the property and must not return.
Alternatively, if you wish this person to remain as an authorized occupant, you must:
1. Submit a written request including the person’s full name, date of birth, and contact information
2. Have this person complete a rental application and consent to background/credit check
3. Pay any applicable additional deposit
I am not obligated to approve this request, and the person must vacate within 7 days regardless of whether you submit an application.
CONSEQUENCES:
If the unauthorized occupant is not removed within 7 days, I will serve a 3-Day Notice to Cure or Quit. If the violation is not cured within 3 days, I will file an unlawful detainer action to terminate your tenancy.
Confirm in writing by [Date] that the unauthorized occupant has been removed.
Sincerely,
[Your Signature]
[Your Name]
Sample 4: Nuisance & Noise Complaints
[Your Name]
[Address]
[Phone]
[Email]
[Date]
[Tenant Name]
[Rental Unit Address]
RE: FINAL WARNING – Nuisance and Disturbance of Other Tenants
Dear [Tenant Name]:
This letter serves as a final warning regarding ongoing nuisance and disturbance complaints from other tenants related to your conduct at [Rental Address].
COMPLAINTS RECEIVED:
I have received multiple complaints from tenants in units [X], [Y], and [Z] regarding:
• Loud music and parties lasting until 2:00-3:00 AM on [Dates]
• Shouting, arguing, and profanity in common areas
• Slamming doors and stomping that reverberates through the building
• Blocking the parking lot and common areas with guests’ vehicles
These incidents occurred on the following dates: [List dates]
Section [X] of your lease prohibits conduct that:
“…disturbs the quiet enjoyment of other tenants, creates a nuisance, or violates community rules regarding noise, parking, and use of common areas.”
I previously sent you warning letters dated [Date] and [Date] regarding similar complaints. You assured me the behavior would stop, but complaints have continued and escalated.
FINAL DEMAND:
You must immediately cease all conduct that disturbs other tenants. Specifically:
• No loud music or gatherings after 10:00 PM on weeknights or 11:00 PM on weekends
• No shouting, arguing, or use of profanity in common areas
• Ensure all guests park in designated visitor parking only
• Do not allow guests to block driveways, entrances, or other tenants’ parking spaces
This is your final warning. There will be no further chances.
CONSEQUENCES:
If I receive any additional complaints about noise, disturbance, or nuisance conduct from your unit, I will immediately serve you with a 3-Day Unconditional Notice to Quit pursuant to California Code of Civil Procedure § 1161(4). This notice will not give you an opportunity to cure—you will be required to vacate within 3 days or face eviction.
An eviction will:
• Appear on your rental history and credit report
• Make it extremely difficult to rent in the future
• Result in a judgment against you for rent owed and court costs
This is your last opportunity to comply with your lease obligations and respect your neighbors’ right to quiet enjoyment.
Sincerely,
[Your Signature]
[Your Name]
CC: [Other affected tenants, if appropriate]
Enforcement Options for Landlords
1. Security Deposit Deductions (Civil Code § 1950.5)
For property damage discovered at move-out:
- Deduct actual cost to repair damage beyond normal wear and tear
- Provide itemized statement and copies of receipts/invoices within 21 days of tenant vacating
- Return remainder of deposit (if any) with statement
- If repairs exceed security deposit, sue for the difference
⚠️ 21-Day Deadline Is Strict: Failure to provide statement within 21 days results in forfeiture of right to deduct anything. If landlord acts in bad faith, tenant can recover up to 2x security deposit as penalty.
2. Sue for Damages (Small Claims or Civil Court)
Small Claims Court (up to $10,000):
- File claim for property damage, unpaid rent, cleaning costs, lease break penalties
- No attorney required; filing fee $30-$100
- Hearing within 30-60 days
- Cannot recover attorney fees in small claims
Unlimited Civil Court (over $10,000):
- File lawsuit for damages, breach of contract
- Attorney recommended; filing fee $435
- Longer process but can recover attorney fees if lease allows
3. Serve 3-Day Notice to Cure or Quit
For curable lease violations (unauthorized pets, occupants, nuisance):
- Describe specific violation and demand tenant cure within 3 days or vacate
- If tenant cures, tenancy continues
- If tenant fails to cure, file unlawful detainer
- Cannot serve 3-Day Notice for minor or technical violations—must be substantial breach
4. Serve 3-Day Unconditional Notice to Quit
For serious, incurable violations:
- Illegal activity (drug sales, prostitution, violence)
- Waste (severe property damage or destruction)
- Nuisance that threatens health/safety of others
- Repeat violations after tenant has already cured once
Tenant has no opportunity to cure—must vacate within 3 days or landlord can file eviction.
5. Negotiate Settlement Agreement
Alternative to eviction:
- “Cash for Keys”: Offer tenant money to vacate voluntarily by specific date (avoids costly eviction litigation)
- Stipulated Judgment: Tenant agrees to move out by specific date; if they don’t, landlord can immediately obtain writ of possession without trial
- Payment Plan for Damages: Tenant agrees to pay for damages over time in exchange for not being evicted
Benefits of Settlement: Avoids eviction on tenant’s record, saves landlord time and legal costs, ensures vacant possession by agreed date. Downside: No judgment for damages unless included in agreement.
6. File Police Report (If Applicable)
For illegal activity or criminal damage:
- File report with local police for drug activity, theft, vandalism, violence
- Police report strengthens eviction case and supports criminal prosecution
- May assist with insurance claims for property damage
Enforcement Decision Tree
| Situation | Best Enforcement Option |
|---|---|
| Property damage, tenant already moved out | Deduct from security deposit; sue if costs exceed deposit |
| Property damage, tenant still occupying | Demand letter requesting payment; sue if not paid; deduct from deposit at move-out |
| Unauthorized pet or occupant | Informal demand first, then 3-Day Notice to Cure or Quit if not resolved |
| Repeat nuisance violations | 3-Day Unconditional Notice to Quit (violation already cured once) |
| Illegal activity | 3-Day Unconditional Notice to Quit + police report |
| Tenant willing to move out voluntarily | Negotiate cash-for-keys or stipulated judgment |
Attorney Services for Landlords
Need Help Enforcing Your Lease or Recovering Damages?
I represent residential landlords in lease enforcement, property damage claims, and eviction proceedings. I draft demand letters, prepare legal notices, file lawsuits for damages, and handle unlawful detainer actions.
How I Can Help
- Lease Violation Demand Letters: I write formal demand letters citing specific lease violations and demanding compliance or payment
- 3-Day Notices: I prepare legally compliant 3-Day Notices to Cure or Quit and 3-Day Unconditional Notices to Quit
- Property Damage Claims: I calculate damages, draft demand letters, and sue tenants in small claims or civil court for repair costs
- Security Deposit Disputes: I prepare itemized statements, defend against wrongful deposit retention claims, and file bad faith counterclaims when tenants make frivolous demands
- Unlawful Detainer (Eviction): I file and litigate eviction cases for lease violations, property damage, nuisance, and illegal activity
- Settlement Negotiations: I negotiate cash-for-keys agreements and stipulated judgments to avoid costly litigation
- Judgment Enforcement: I pursue collection of judgments through wage garnishment, bank levies, and property liens
Common Cases I Handle
- Property damage beyond normal wear and tear (holes in walls, broken fixtures, flooring damage, pet damage)
- Unauthorized pets in no-pet properties
- Unauthorized occupants or subletting violations
- Nuisance, noise complaints, and disturbance of other tenants
- Hoarding and unsanitary conditions
- Illegal activity (drug use/sales, violence, criminal conduct)
- Unapproved alterations or modifications to unit
Property Damage Recovery Strategy
When tenant causes significant damage, I help you maximize recovery:
- Document damage with professional photos and detailed descriptions
- Obtain multiple contractor estimates for repairs
- Compare to move-in inspection report to prove damage is not normal wear and tear
- Deduct from security deposit with proper 21-day itemized statement
- Sue for excess damages if repair costs exceed deposit
- Include court costs, attorney fees (if lease allows), and prejudgment interest
Why Hire an Attorney for Lease Violations
Avoid Costly Mistakes: Improperly drafted 3-Day Notices can be challenged and dismissed, forcing you to start over and delaying the eviction by weeks or months. Using wrong notice type, incorrect service, or vague violation descriptions are common errors. I ensure legal compliance and maximize your chance of swift resolution.
When to Consult an Attorney
Consider hiring an attorney if:
- Tenant caused significant property damage and you need to recover costs exceeding security deposit
- Tenant refuses to cure lease violations after informal demand
- You need to serve a 3-Day Notice and want to ensure it’s legally compliant
- Tenant is likely to contest eviction (has hired attorney, raised habitability defenses)
- Property is in rent-controlled jurisdiction or subject to AB 1482 just-cause requirements
- Violation involves illegal activity and you want to coordinate with law enforcement
- Tenant filed bankruptcy (complicates eviction and damage claims)
Schedule a Call
Book a call to discuss your lease enforcement or property damage case. I’ll review your situation, explain your options, and provide a quote for legal services.
Contact Information
Email: owner@terms.law
Frequently Asked Questions
No. Security deposit deductions can only be made after tenant vacates and surrenders possession. While tenant still occupies unit, your options are: (1) demand tenant pay for repairs immediately, (2) make repairs yourself and sue tenant for reimbursement, or (3) serve 3-Day Notice to Cure or Quit if damage constitutes lease breach, and evict if not cured.
Normal wear and tear is deterioration from ordinary use over time (faded paint, minor scuffs, carpet wear from foot traffic, small nail holes). Tenant damage is harm caused by negligence, misuse, or accidents (large holes in walls, broken fixtures, deep scratches, pet damage, unauthorized alterations). Landlord pays for normal wear and tear; tenant pays for damage. Comparison to move-in inspection report is key evidence.
No, not solely for having an ESA. Fair Housing Act requires landlords to allow emotional support animals as reasonable accommodation for disability, even in no-pet properties. Tenant must provide documentation from healthcare provider. However, you can still evict if: (1) ESA causes property damage (tenant is liable for repairs), (2) ESA poses direct threat to safety of others, or (3) ESA creates undue financial burden. ESA rules do not exempt tenant from liability for damage.
Informal demand letters are not legally required, and you can set any reasonable deadline. However, before filing eviction, you must serve a formal 3-Day Notice to Cure or Quit (for curable violations) or 3-Day Unconditional Notice to Quit (for incurable violations). Informal demand letters give tenant a chance to fix the problem before you start formal eviction process, which can save time and legal costs.
If tenant cures the violation within the 3-day period, tenancy continues. However, if tenant violates the same lease provision again within 6 months, you can serve a 3-Day Unconditional Notice to Quit (no opportunity to cure) and proceed with eviction. CCP § 1161(4) allows unconditional quit notices for violations that have been cured and then repeated.
Generally no, unless your lease specifically provides for administrative fees or penalties for lease violations. You can recover actual damages (repair costs, lost rent) and, if your lease includes an attorney fees clause, you can recover legal fees. You cannot charge for your personal time unless lease explicitly allows. Better approach: include liquidated damages clause in lease specifying fees for specific violations (e.g., $100 fee for unauthorized pet).