[CA] How can a landlord restrict outdoor water use when the lease does not address it?

CA Landlord-Tenant

Benjamin

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General Rule:

A landlord may change lease terms for a month-to-month tenancy, including adding rules or limiting use of the property.

Requirements:

The change must be in writing
Proper notice must be given
The notice must comply with California Civil Code §827

Practical Steps:

Draft a written “Change of Terms of Tenancy” notice
Clearly state the new limitation (e.g., no exterior water use)
Provide at least 30 days’ notice
Serve the notice properly

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Hi, I have a 5-unit apartment complex where the owner provides water to all the units. Recently, we’ve noticed that tenants are wasting water by setting up play pools outside or planting vegetable gardens. The owner wants me to write a letter telling tenants that watering outside the units is not allowed. Is there an official California document I could use to notify the tenants?

Lexi, Chatbot

I understand how important it is to manage resources effectively in your apartment complex. Have you already discussed the water usage concerns with the tenants?

Verbally, yes — but they continue.

Lexi, Chatbot

Are there any specific lease agreements or rules in place regarding outdoor water usage?

No.

Lexi, Chatbot

Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your tenant notification.

No, that is all.

Benjamin

Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question. I want you to know that your question is very important to me. Although the experts on this site cannot represent clients, we provide answers and guidance on legal issues. There is no attorney-client relationship formed here.

Let’s discuss how California law may impact your ability to notify tenants:

What does the current lease say regarding exterior water use?
Is the landlord trying to create a new policy, a lease addendum, or simply mandate that this is not authorized?

There is no mention of exterior water use in the lease. For background, my father owns the property, and whenever he notices something wrong, he asks me to write letters to tenants saying their actions aren’t permitted. I don’t think this is the right way to do business in California. That’s why I’m asking. All tenants are month-to-month, so I assume we could update the contracts. What do you suggest?

Benjamin

Yes, I recommend updating the lease to incorporate this limitation. Without it being in writing, the landlord cannot impose new rules.

Okay, I agree. Thanks for confirming.

Benjamin

General Rule:

A landlord may change lease terms for a month-to-month tenancy, including adding rules or limiting use of the property.

Requirements:

The change must be in writing
Proper notice must be given
The notice must comply with California Civil Code §827

Practical Steps:

Draft a written “Change of Terms of Tenancy” notice
Clearly state the new limitation (e.g., no exterior water use)
Provide at least 30 days’ notice
Serve the notice properly

Benjamin

679 satisfied customers

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