Legal Question in Landlord & Tenant Law in California

Re: Is a lease void IF violated?

Probably not. You could send them a 3-day letter based upon the breach of a covenant (if the lease prohibits waterbeds). They then have 3 days to get rid of it or move. If they don't you can evict them.

Re: Is a lease void IF violated?

Howdy:

Ken seems to think you're the landlord ... but, I get the idea you're the tenant. It certainly affects the way we write our answers, I think.

A lease never becomes simply "void". Any violation of the lease must be noticed before any other action can be taken.

3 day notices to pay rent or quit are specific for a certain type of violation. Violation of other terms may have a longer or shorter correction period, depending on what is reasonable.

We rented an apartment in '90 in Pacific Grove and again in '92 in El Cajon. In each we had a waterbed, but also had a renter's insurance policy which, among other things, insured the apartment against damage caused by the bed. But, our beds never leaked.

If you're the landlord, and are worried about damage from a ruptured bed, an alternative may be to require insurance. Renter's policies are fairly inexpensive.

If you're the tenant, you may offer to get a renter's policy. Otherwise, assuming you moved the bed in without permission, you'll have to remove it.

As long as the situation is remedied in a reasonable time, the lease will continue on and no new lease is required ... or available.

Hope this helped. Let me know if you have other questions.

rkr