California Civil Code section 818 permits claims for “waste.” A “waste” claim is a means of recovering damages when a tenant on real property does substantial damage to the property itself. Waste claims often arise when a person renting property causes damage while renting the property. Waste claims are not restricted to landlords and tenants. A waste claim can be made in all situations where two or more people have some sort of interest in the common property.
Waste claims can be brought as a separate cause of action or raised in partition actions during the accounting stage. There are situations where damage to property is justified, meaning parties cannot always recover damages for the seemingly unjust actions of their co-owner(s).
Waste claims are based on two California statutes that provide for liability when waste is committed. The California Civil Code has a series of statutes that prevent waste from life tenants and lessors. (Civ. Code §§ 818, 821.) And the Code of Civil Procedure allows for “treble damages” when waste is committed by a joint tenant or tenant in common. (CCP § 732.) However, a waste claim can be brought by anyone who “possesses” land.
Waste claims act as a means of leveling the playing field between interest-holders. “Waste is, functionally, a part of the law which keeps in balance the conflicting desires of persons having an interest in the same land.” (Cornelison v. Kornbluth.)
To recover for “waste” a party must prove:
- the defendant is under a duty to preserve and protect the property involved; and
- damage to the property sufficiently substantial and permanent to cause injury to defendant’s interest in the property.
In order for damage to be substantial and permanent enough, there must be a “substantial depreciation in the market value” of the property.
Proof of an overt destructional urge is not required, nor is bad faith a necessary element. Defendants may have had the best of intentions, but that does not entitle them to escape liability for waste.
Property damage is not always considered waste. There must be a duty or obligation to protect the value of the property. Cotenants, for instance, owe each other various duties of care. But they are also entitled to unilaterally “improve” the property with projects, encumber their own interests with liens, and possess the whole of the property as they see fit.
A cotenant might find that their fellow co-owner’s enjoyment of their property rights is damaging the value of the land, but that may not be enough to plead waste if that enjoyment is within the rights typically associated with owning property.
Should you believe a co-owner, tenant, licensee, of your property has permanently damaged the property affecting the value of your interest in the property, don’t waste time – contact your attorney.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
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