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5 Reasons to Legally Evict a Tenant

By Mike in Miscellaneous with 0 Comments

Landlord/tenant relationships can become strained for any number of reasons. It’s important to remember that eviction can only happen with just cause. For example, landlords cannot evict tenants from condos or lofts in East Village San Diego simply because they do not get along. Eviction is a complex legal process in California that must be carried out properly, which means both landlords and tenants need to understand their rights and obligations. Here are five of the most common legal reasons for eviction.

1. Nonpayment of Rent

Failure to pay rent is arguably the most common legal justification for filing an eviction. California law is very specific about how an eviction must be done in the case of nonpayment. Before filing for eviction, the landlord must give the tenant at least 3 days to pay the rent or move.

2. Disrupting Other Tenants

A tenant who disturbs others in the building or interferes with the peaceful and quiet enjoyment of the building by other tenants can be legally evicted. Doing so will require serving the tenant with a Notice to Quit the disruptive behavior. This notice must specifically state the disruptive behavior, which may be playing music too loudly or hosting wild parties.

3. Lease Violation

Nonpayment of rent is a type of lease violation, but there are others that may be grounds for eviction. Depending on the violation, a tenant can be evicted if the violation is not corrected within a specific timeframe. Common lease violations include:

  • Unauthorized subletting – Many leases give the tenant “exclusive” rights to the condo or unit, which means the tenant can’t rent it to someone else.
  • Unauthorized pets – This may include having pets when not allowed or exceeding the number of pets allowed in the unit.
  • Unapproved occupants – Most leases do not allow a tenant to move in other occupants without getting approval if they are not listed on the lease.

4. Illegal Activity

If a tenant commits an illegal act, the landlord may have the right to file an eviction. This is because landlords can be held liable for any harm to tenants and the community that stems from illegal activity at a rental unit. An arrest will not change a tenant’s right to live in a rental property. Eviction must still be done through a separate court action. In general, the process for drug-related evictions is faster than other types of evictions. In the case of illegal activity on the property, the tenant will be required to leave the property within 3 days with no option to remedy.

5. Lease Expiration

In some cases, leases that expire automatically convert to month-to-month leases. However, when a lease expires or is terminated with notice and the tenant does not move out, he or she is legally considered a squatter. Eviction will still be necessary, but this is valid grounds to begin the legal process.

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