Legal Question in Landlord & Tenant Law in California

Re: Is tenant overreacting

I don't think that the hole in the ceiling is grounds for the apartment being inhabitable. It depends upon how big it is, and where its located. I'd first offer them some amount of compensation - some portion of the daily rental value in exchange for the inconvenience (living with a hole in the ceiling is not pleasant). I'm sure you already have, but explain that this process cannot go faster, or you risk having mold grow because you sealed up the hole before it dried. You can also offer to put them up in a hotel/motel until the wall is fixed. Terminating their tenancy now is just asking for a lawsuit or defense of retaliatory eviction. Sure, you may have grounds to terminat etheir tenancy (a need to clean the place up and restore it), but the timing is just going to raise the odds that you will be defensed or sued for retaliatory eviction.

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