Legal Question in Real Estate Law in California

Landlord breaks lease agreement

When we signed a lease (in May) for the house we are living in, the agreement stated that the back yard would be landscaped by August 1st. It has been more than 2 months and the landscaping hasn't even started. We don't want to move, but do we have any other options to force our landlord to meet his side of the agreement?


Asked on 10/07/06, 8:10 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Landlord breaks lease agreement

Well, this is a breach of contract. You could sue (expensive) and get money damages (probably very little - how do you place a monetary value on landscaping?). Courts sometimes award a remedy of specific performance, or issue injunctions ordering a party to do something, but this would be extremely unlikely under your circumstances.

So, I think your best bet is negotiation for a quick landscaping job or a vokuntary adjustment in your rent. Next best bet would be a small claims suit for money damages; the judge would probably order a small refund or abatement of your rent based upon what you could convince the court was the monetary value of the landscaping to you as a portion of the total value you expected to receive for your rent money.

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Answered on 10/07/06, 9:52 pm


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