§3.06 Commission of Waste

When a tenant breaches a covenant or condition of the rental agreement that legally constitutes or results in a “waste” of the premises, the landlord may terminate the tenancy with a 3-day notice to quit. [See CCP §1161(4); Freeze v Brinson (1991) 3 CA4th Supp 1, 3.] To justify not offering an opportunity to cure, the landlord must produce evidence that the tenant’s acts have substantially or permanently diminished the market value of the property as a whole. Damage to the unit without an impact on market value does not meet the requirement. [3 CA4th Supp at 4.]

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