Legal Question in Landlord & Tenant Law in California

Re: Used Oil Storage

It is not unfair or excessive on the part of the police - used oil (and this probably had more than just oil mixed in) disposal is an expensive proposition if not done properly. I have a client who owns a property in which a transmission shop operated. When he vacated the property, he left behind a five-gallon paint can full of oil, with a layer of some other fluid on top. Removal by a hazardous waste company (after the City cited her for it) cost her several thousand dollars because of the unknown substance floating on top. She did not even have fire and probably (in your case) haz-mat out.

The issue is can you pass that cost through to the tenant. You will have to review your lease carefully to determine if there is a provision for passing through those costs. You should also review your lease to see if you have rules by which the tenant agreed to abide. In otherwords, was it a breach of the lease for the tenant to have changed his oil on the property? You need not have a rule that says that, but if you have a provision that requires the tenant to abide by all "local, county and state laws and ordinances," then you are probably covered. You may wish to have an attorney review your lease agreement and any rules to see if you have a leg to stand on to recover the money from the tenant. This is a good time for your dad to review his leases and rules and regulations with an attorney - might be time to have his documents tuned-up by a professional so you are protected in the future.

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