A tenant who permits a nuisance, including, but not limited to, unlawful weapons, ammunition activity, illegal dogfighting, and cockfighting, can be evicted by serving a 3 day notice to terminate. Since this type of breach cannot be cured, the landlord is absolutely able to terminate this tenancy and the tenant cannot “cure” the defect.
To qualify as a “nuisance,” an act must be injurious to health or indecent or offensive to the senses. The nuisance must interfere with the enjoyment of life or property.
One “trap” that many landlords face on these types of evictions is that the landlord risks losing the case for a one-time or mild nuisance. Landlords should give written warnings first, and then if the act continues, the landlord may base the eviction off of the nuisance.
Landlords wishing to evict based on a 3 day notice for a tenant who has committed a nuisance is strongly advised to seek legal counsel prior to doing so.
Additional blog posts on evictions can be found here.
For more information, contact the Law Office of David Piotrowski.