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.

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