California Evictions Based on Nuisance under CCP 1161(4)

A landlord may evict a tenant if the tenant is committing a nuisance. The landlord may base the eviction off a 3 day notice to quit, without any opportunity to cure. Nuisance is defined in Civil Code 3479 as:

Anything which is injurious to health, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property.

The following are examples of what has been found to constitute a nuisance to support an eviction:

  • Noise during the usual hours of sleep
  • Being boisterous and intoxicated while quarreling to excess
  • Using vile language
  • Selling a controlled substance on the premises
  • Unlawfully possessing or using illegal weapons or ammunition
  • Dogfighting
  • Cockfighting

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

Posted in Evictions | Tagged , , , , , | Comments Off

Warranty of Habitability and Retaliation Defenses in an Unlawful Detainer Case

 

A further blow to California landlords: Tenants may litigate warranty of habitability and retaliation defenses in an Unlawful Detainer case, even if they did not check these boxes on their Answer. So long as a tenant identifies a breach of the warranty of habitability or of retaliation somewhere in their answer and discusses this at the unlawful detainer trial, the court will allow a tenant to litigate these issues. This is true even if a landlord is evicting a tenant under a valid 30 day or 60 day notice to terminate tenancy.

This ruling further erodes the landlords ability to evict tenants in California.

The full opinion of the court is below.

habitability-judgment_Page_01

habitability-judgment_Page_02 habitability-judgment_Page_03 habitability-judgment_Page_04 habitability-judgment_Page_05

habitability-judgment6habitability-judgment_Page_07 habitability-judgment_Page_08 habitability-judgment_Page_09 habitability-judgment_Page_10

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

Posted in Evictions | Tagged , , , , , , , , , , | Comments Off

May 2014 General Order for Unlawful Detainer Cases in Los Angeles County

The LA Superior Court issued a general order in May 2014 pertaining to unlawful detainer eviction cases. A copy of the order is below.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

May2014Order_Page_1 May2014Order_Page_2 May2014Order_Page_3

Posted in Evictions | Comments Off

Landlords Demanding Late Charges Payments from Tenants

Late payment fees are outlined in California Civil Code section 1671. Generally, late fees in rental agreements are enforceable, so long as they are not too high to be considered a penalty. The late fees should not exceed the administrative cost of processing the late payment and the lost revenue resulting from the lateness of the payment.

Late fees under Civil Code 1671 states that the late fees must be agreed on by the parties in an amount “which shall be presumed to be the amount of damage sustained by a breach thereof” when, from the nature of the case, establishing the actual damage “would be impracticable or extremely difficult.”

Thus, when establishing a late fee provision in a rental agreement, it is important to set an amount that cannot be considered a penalty. The late fee should be a good faith estimate of actual damage suffered by the landlord.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

Posted in Evictions | Tagged , , , , , , | Comments Off

California 3 Day Notice to Pay Rent or Quit – One Year Limit

I am often asked by landlords how to calculate the amount of rent due on a three day notice to pay rent or quit. One of the rules that many landlords don’t realize is that there is a one-year limitation on the amount of rent that can be demanded in a 3 day notice to pay rent or quit.

Some landlords allow their tenants not to pay rent for extended periods of time. Sometimes this extends beyond 1 year. However, for a 3 day notice to pay rent or quit to be valid, the rent demanded on the notice can NOT extend beyond one year.

One example of when this might actually occur is the following scenario:

A tenant does not pay rent for December 2012, but pays every month thereafter. The landlord does not catch this until January 2014. The landlord may not go back and now demand that the December 2012 rent be paid in a 3 day notice to pay rent or quit, because it is more than a year old.

Need help with an eviction in Los Angeles or San Francisco?  Contact the Law Office of David Piotrowski today.  Start the process of removing your bad tenant.

Read Attorney Piotrowski’s landlord book: “California Landlord Best Practices and Eviction Overview: An Easy-to-Read Guide Outlining Best Practices for California Landlords Plus a Summary of the Eviction Process.

Posted in Evictions | Tagged , , , , , , | Comments Off