At the Law Office of Aaron Kohanim, we inform landlords through every stage of the eviction process. Before serving a 3-Day Notice or filing an unlawful detainer action, it is often wise to send a warning letter. Not only does this demonstrate good faith, but it also builds a record of notice that can later strengthen the landlord’s case in court.
Why a Warning Letter Strengthens Your Position
- Creates Evidence of Notice – Courts scrutinize whether tenants were fairly warned of their conduct.
- Shows Good Faith – Demonstrates that the landlord gave the tenant a chance to cure before proceeding.
- Supports Forfeiture – Helps prove the breach was material, not technical or trivial.
The Legal Requirement: Breach Must Be “Material and Substantial”
California courts are clear: not every lease violation warrants eviction. The breach must be substantial enough to justify forfeiture of the tenancy.
- Hsieh v. Pederson (2013) 213 Cal.App.4th 288 – In a UD action, the landlord must prove a material breach of the rental agreement; minor breaches are insufficient.
- Thrifty Oil Co. v. Batarse (1985) 174 Cal.App.3d 770 – Where the tenant’s conduct violated a “use restriction” in the lease, the court found the breach substantial enough to justify eviction.
Jury Instruction on Waiver
The jury instruction for the defense of waiver, states that if a landlord accepts rent, delays enforcement, or otherwise acts in a way that suggests the tenant’s conduct was acceptable, the landlord may be found to have waived the right to terminate the lease for that breach.
This means landlords must act promptly. A warning letter is a critical tool to:
- Break the pattern of waiver (by showing objection to the conduct).
- Document that continued acceptance of rent does not mean the landlord approves of the violation.
- Preserve the landlord’s right to proceed with eviction if the breach continues.
Contact our office for a low fee to send a warning letter on your behalf, this also includes service of the letter via a registered process server.
Practical Example: Why the Warning Letter Helps
Suppose a tenant keeps an unauthorized subtenant in violation of the lease. If the landlord accepts rent for months without objection, the tenant could argue waiver under CACI 4324. By contrast, if the landlord issues a warning letter upon discovery of the violation, it defeats the waiver defense by proving the landlord objected to the conduct and preserved the right to terminate.
California courts have applied this rule in unlawful detainer cases. In EDC Associates, Ltd. v. Gutierrez (1984) 153 Cal.App.3d 167, the Court of Appeal held that a landlord who accepted rent with knowledge of a tenant’s violation could be deemed to have waived the right to evict for that violation. This principle makes it critical for landlords to act promptly and document their objections when a breach arises.
A warning letter is therefore essential to:
- Break the pattern of waiver by putting the tenant on clear notice.
- Preserve the landlord’s right to enforce the lease despite continued acceptance of rent.
- Demonstrate that the landlord objected to the conduct at the earliest opportunity.
What to Include in the Warning Letter
- Specific Lease Violation – Quote the relevant clause.
- Description of the Breach – Identify the tenant’s conduct.
- Time to Cure – Offer a reasonable cure period.
- Consequences – Warn that failure to cure may result in termination and eviction.
Conclusion
Courts disfavor eviction unless the tenant’s conduct substantially defeats the purpose of the lease. Case law, along with CACI 4324, makes clear that:
- The breach must be substantial.
- The landlord must avoid waiver by acting promptly and objecting to violations.
A warning letter serves both purposes — it documents the seriousness of the breach while defeating any argument that the landlord condoned the conduct.
At the Law Office of Aaron Kohanim, we ensure landlords preserve their rights and take the correct steps before filing an eviction, protecting both your property interests and compliance with California’s strict legal standards.
Contact the Law Office of Aaron Kohanim today to schedule a consultation. You can call us at (310) 861-7506. If you prefer to send a quick message, visit our Contact Us page.
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