Legal Question in Landlord & Tenant Law in California

Quick question - We recently received a warning for violating our lease agreement at our 1 bedroom apartment. We have always paid the rent in full on time, and have not damaged the property nor have we had any complaints against us.

The breach of lease was for having "too many"(more than 5) plants on our balcony, and for having said plants on the balcony railing. They do not want plants on the balcony railing because it will "warp the railing."

They also mentioned that they do not allow any "furniture" on the balcony unless we have rented it through them. We have a small patio set on the balcony.

Can they evict us for this? If we fight it, will we win in court? The plants are all small potted plants, nothing above 1 foot in height.

Thanks, Jared


Asked on 8/20/09, 1:02 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

If you're breaching a lease agreement, you might be evicted, however insignificant the breaches might be. You might want to meet with the landlord and work something out. If the warning was a 5-day notice, you should consider complying (and let the landlord know you've complied) while you attempt to work things out.

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Answered on 8/20/09, 4:13 pm


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