Legal Question in Real Estate Law in California

I was given a 3 Day notice for cutting down trees on the property. The notice said to replace trees with fullgrown trees or quit. I could not afford to replace the trees and was given another 3 day notice to quit. I have not done so and would like to know if this notice is valid. I live in los angeles and have rent control. I have lived on the property for over 10 years


Asked on 4/01/11, 12:48 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

I do not know how the specific rent control ordinance might affect your rights - you'll want to speak with a tenant attorney in Los Angeles familiar with the statute that covers the area where you live - but in all likelihood, the notice is valid. Without reviewing the notices, I cannot give you a concrete, reliable opinion as to their validity, but as a general rule, if the lease contains some provision that requires you to obtain the landlord's permission before altering the property (most lease agreements contain this covenant), then the notice may be valid. It should be in the form of a notice to perform covenants or quit, not a notice to pay rent or quit. Even if you move, you may still be liable to the landlord for the cost of replacement of the trees, and if you are moving out of the property before the end of a term lease, you may also be liable for additional damages for breach of the lease agreement and early termination. I'd consult with an LA tenant rights attorney immediately. I won't even ask why you cut down three mature trees!

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Answered on 4/01/11, 1:12 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Look up Civil Code section 3346, which provides treble damages for wrongful injuries to timber, trees, or underwood upon the land of another, or removal thereof. If you cannot afford to replace the trees, can you afford three times that amount? I would suggest seeing if you could get the landlord to agree not to sue you if you move out. Otherwise, I'd guess you are in deep doo-doo.

Also, look at Code of Civil Procedure section 733, which basically says the same thing.

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Answered on 4/01/11, 1:35 pm


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