§3.03 Breach of Other Terms

The breach of any material term in the rental agreement other than rent also may be grounds for termination of a tenancy. [See CCP §1161(3).] For a residential tenant, examples of breached “other terms” include violation of a waterbed standard or use of an illegal substance on the property.

Nonrent breaches are seen most often in the commercial context, where examples include:

• Violation of use restrictions or a covenant against subleasing or assignment
• Violation of an obligation to maintain and repair the property
• Violation of an alterations restriction
• Nonpayment of a late fee
• Failure to give notice of a hazardous substance release

The landlord must exercise caution in proceeding with an eviction for a nonrent violation. A trivial breach will not support a termination, and the tenant may raise substantial performance as an equitable defense to a UD action. [See Hignell v Gebala (1949) 90 CA2d 61, 65–66.]

The proper notice for a curable breach is a 3-day notice to perform or quit.

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