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?
1 Answer from Attorneys
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.