Landlord and Tenant: The California Landlord's Remedies upon Abandonment of the Premises by the Tenant

Scope of This CommentThe basic fact situation involved in the cases to be examined here is a simple one: For some reason, or for no reason, a tenant abandons leased premises before expiration of.the term.Upon such an occurrence, the landlord will naturally want to know, "What can I do about this?"As a practical matter, the specific question will most often be, "Can I make a new lease and hold the old tenant liable for any deficiency in the rent?"A long line of California cases have addressed themselves to answering this question.Some would respond "Yes" to the landlord's query, others would say "No," and still others would conclude "Maybe."This article will furnish a chronological resuma of the cases reaching the Supreme Court of California, and discuss the competing theories involved. Status of the Parties Upon AbandonmentThat the tenant abandons the premises does not affect his liability for rent. 1 The tenant has an estate which "stays alive" whether he elects to remain in possession or not.Accordingly, the California cases are unanimous in holding that, should the tenant abandon the premises, the landlord is as entitled as before to the installments of rent, and can sue for them as they become due.The cases also agree that the landlord may enter upon abandoned premises to prevent waste, and that such reentry will not prejudice his position.' For a general discussion and for collections of the many cases, see: 3 TIFFANY, REAL