Tenant dispute

Real Estate 5 views 4 answers
how do i evict belligerent tenant on a lease?

Attorney Answers

4
Kevin Sullivan ·
You need to talk to a local landlord attorney who can evaluate your options such as a nuisance based Eviction
0 upvotes
Paul Hyunwu KimLitigation LawyerOakland, CA ·
Typically you would first give your tennant notice to quit the premises. If they fail to quit the premises within the notice period, you then have to initiate unlawful detainer proceedings with the court. Please be advised that my advice is general. There are many factors that determine what type of notice is required and whether your tenant has the right to cure the alleged bad behavior. Contact a landlord/tenant attorney in your neighborhood for a consultation.
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Tomas Ross ·
Check the terms of the Lease agreement. There should be a section about not breaking the law or no "unlawful" activities on the premises. If the tenant is in violation of the terms of the lease, he or she may be evicted for breach of covenant. This type of eviction is more complicated than the normal non-payment of rent, therefore, you should seeks advice from an attorney experienced in landlord-tenant law.
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Mohamad Saleh AhmadLandlord / Tenant LawyerSanta Monica, CA ·
If there is no lease provision that prohibits such activity or if there is no written lease, you may have another eviction option under CCP 1161(4) which allows a landlord to evict a tenant for committing "nuisance." In cases such as these, it's important to make sure the 3 days' notice is correctly written and also properly served. A minor defect can defeat your case. Disclaimer: This is general advice and may not be applicable to the specific situation you may be facing. Please consult an attorney for legal advice.
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