Cal. Civ. Code § 66-28-505
Noncompliance by tenant — Failure to pay rent.
Operative Text
(a) (1) Except as otherwise provided in subsection (b), if there is a material noncompliance by the tenant with the rental agreement or a noncompliance with § 66-28-401 materially affecting health and safety, the landlord may deliver a written notice to the tenant specifying the acts and omissions constituting the breach and that the rental agreement shall terminate as provided in subdivision (a)(2) or (a)(3). (2) If the breach for which notice was given in subdivision (a)(1) is remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that if the breach is not remedied within fourteen (14) days after receipt of such notice, the rental agreement shall terminate, subject to the following: (A) All repairs to be made by the tenant to remedy the tenant's breach must be requested in writing by the tenant and authorized in writing by the landlord prior to such repairs being made; provided, however, that the notice sent pursuant to this subdivision (a)(2) shall inform the tenant that prior written authorization must be given by the landlord to the tenant pursuant to this subdivision (a)(2)(A); and (B) If substantially the same act or omission which constituted a prior noncompliance of which notice was given recurs within six (6) months, the landlord may terminate the rental agreement upon at least seven (7) days' written notice specifying the breach and the date of termination of the rental agreement. (3) If the breach for which notice was given in subdivision (a)(1) is not remediable by the payment of rent, the cost of repairs, damages, or any other amount due to the landlord pursuant to the rental agreement, the landlord may inform the tenant that the rental agreement shall terminate upon a date not less than fourteen (14) days after receipt of the notice. (4) Nothing in subdivision (a)(2) or (a)(3) shall be construed as requiring a landlord to provide additional notice to the tenant other than the notice required by this section. (b) Notwithstanding subsection (a), if the tenant waives any notice required by this section, the landlord may proceed to file a detainer warrant immediately upon breach of the agreement for failure to pay rent without the landlord providing notice of such breach to the tenant; provided, however, that this subsection (b) shall not reduce the tenant's grace period as provided in § 66-28-201. The tenant's waiver pursuant to this subsection (b) shall be set out in twelve (12) point bold font or larger in the rental agreement. (c) Notwithstanding notice of a breach or the filing of a detainer warrant pursuant to this section, the rental agreement is enforceable by the landlord for the collection of rent for the remaining term of the rental agreement. (d) Except as otherwise provided in this chapter, the landlord may recover damages and obtain injunctive relief for any noncompliance by the tenant with the rental agreement or § 66-28-401. The landlord may recover reasonable attorney's fees for breach of contract and nonpayment of rent as provided in the rental agreement. (e) The landlord may recover punitive damages from the tenant for willful destruction of property caused by the tenant or by any other person on the premises with the tenant's consent. (f) (1) It is deemed to be material noncompliance and default by the tenant with the rental agreement, if the tenant: (A) Misrepresents that there is a disability or disability-related need for the use of a service animal or support animal; or (B) Provides documentation under § 66-28-406(c) that falsely states an animal is a service animal or support animal. (2) As used in this subsection (f), “service animal” and “support animal” have the same meanings as the terms are defined in § 66-28-406(a). (3) In the event of any violation under subdivision (f)(1), the landlord may terminate the tenancy and recover damages, including, but not limited to, reasonable attorney's fees. (4) Only to the extent it conflicts with federal or state law, this subsection (f) does not apply to public housing units owned by a governmental entity.
Tennessee Code Ann. § 66-28-505 establishes the process by which a landlord may respond to a tenant's material breach of a rental agreement or a violation of health-and-safety obligations under § 66-28-401. Depending on whether the breach can be fixed by payment or repair, the tenant generally receives either a 14-day written notice to cure or a 14-day notice of termination; repeated similar violations within six months may shorten that window to seven days. The provision also addresses situations where a tenant has waived notice in writing, allows landlords to pursue damages and injunctive relief, and treats misrepresentation of a service or support animal's status as a material default that can lead to termination and recovery of attorney's fees.
Plain English — not legal advice.
Under § 66-28-505, compliant operators typically deliver written notices that clearly identify the specific acts or omissions constituting the breach and state the applicable cure or termination deadline — 14 days for most remediable breaches, or seven days for a repeated violation of the same type within six months. When a tenant proposes to make repairs as a cure, landlords generally obtain and provide written authorization before any work begins, as the statute requires that step to be disclosed in the notice itself. Operators who include a notice-waiver clause in their lease agreements should ensure it appears in 12-point bold font or larger, and should remain aware that such a waiver does not shorten the tenant's statutory grace period under § 66-28-201.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 66-28-505 gives tenants a meaningful opportunity to cure many breaches — typically 14 days after receiving written notice — before a landlord can terminate the rental agreement, and a landlord's failure to follow the required notice procedures may be relevant to any subsequent eviction proceeding. Tenants should be aware that a lease clause waiving notice for nonpayment of rent is only valid if it appears in 12-point bold font or larger, and even then it cannot cut short the grace period provided by § 66-28-201. Tenants who believe a notice or termination does not comply with § 66-28-505 may wish to contact a local tenant-rights organization or legal aid office to understand the options available to them, including raising procedural defects as a defense in a detainer proceeding.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 29, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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