Is Your Renter Creating Unnecessary Nuisances for Other Tenants?
Under California law, landlords are allowed to evict renters who create a nuisance. The eviction is designed to help you reclaim your rental property and remove troublesome tenants engaging in illegal activities or negatively impacting other renters.
Swiftly addressing nuisances can help you maintain high occupancy rates and protect your income-producing property. However, Los Angeles and CA have strict protections for lessees.
Taking unlawful actions against your tenants can result in serious civil or criminal consequences and delay the eviction. Therefore, it’s vital that you consult with an eviction lawyer before attempting to initiate the eviction or remove tenants from a property.
An experienced eviction attorney can help a landlord document the activities supporting your eviction request and ensure all eviction law procedures are followed. More importantly, an attorney at California Property Law Group will work to protect your rights as a landlord while meeting California’s strict real estate compliance standards.
What Qualifies as a Nuisance for Eviction?
There is a specific way to identify a nuisance in the landlord-tenant relationship. In that context, a nuisance is an activity by a tenant that substantially interferes with other tenants’ or neighbors’ peaceful enjoyment of their property.
Certain unlawful activities that may be “injurious to health” can be considered a nuisance as well. Interfering with the free use of your property may also meet California’s criteria. Here are a few common examples of what qualifies as a nuisance in rental properties:
- Excessive Noise: Examples include persistent loud music, parties, disturbances, or arguments
- Illegal Activities: Engaging in unlawful actions such as using, selling, distributing, or preparing illegal drugs on the premises
- Property Damage: Intentional or negligent destruction of your rental unit or the common areas
These behaviors don’t just violate lease agreements but also infringe upon the rights of your other tenants and neighboring residents. Such nuisance activities can also negatively impact your property’s reputation and interfere with your ability to maintain high occupancy rates. Therefore, you need to address nuisance activities as quickly as possible.
California Property Law Group works fast to put a stop to damaging or disturbing activities. Our team is well-versed in the local court system and understands how to prepare a strong argument for a nuisance eviction.
CONTACT USLegal Standards for a Nuisance Eviction of a Tenant
A nuisance is defined in California Civil Code 3479. According to this code, a nuisance is something that can injure health, such as the illegal sale of controlled substances, as well as acts that are considered to be indecent or offensive. Obstructing the free use of property is included in the definition of nuisance as well.
The code further states that those activities must interfere with or prevent the “comfortable enjoyment” of the property to qualify as a nuisance. Activities that unlawfully obstruct the free use or passage of any highway, street, or other navigable path (e.g., square, public park) may also constitute a nuisance.
California lawmakers adopted a broad definition that encompasses several disruptive behaviors. That broadness allows you to take action against nuisance tenants whose conduct meets these criteria. However, it’s also your job to document their nuisance behaviors and demonstrate how those activities impact the comfortable enjoyment of the property.
Since California courts adhere to the strict compliance standard, it is vital that you provide comprehensive documentation when initiating the eviction. Otherwise, your claim may be denied. California Property Law Group assists with a wide range of eviction actions, including evictions for nusiance. Our legal team will determine whether a tenant’s activities meet the criteria of a nuisance and help you enforce your rights under California law.
Legal Process a Landlord Should Follow to Evict a Tenant
Evicting a renter for nuisance behavior in California means adhering to tenant protection laws. If your property is located in a rent-controlled area, you’ll likely face more hurdles in your nuisance eviction attempts. The court may force you to meet a higher evidence threshold or deny eviction requests due to “insubstantial” issues such as excessive noise.
The bottom line is that California has made a nuisance eviction incredibly difficult for landlords. That’s why you should partner with an experienced attorney as soon as possible, such as those at California Property Law Group.
California Property Law Group will evaluate your case and help you navigate the nuisance eviction. The following steps outline what to expect during a nuisance eviction.
Serving Nuisance Eviction Notices to Tenants
Step one involves identifying what behavior you are using to support your nuisance eviction claim. Do your best to document the behavior and gather witnesses and documentary evidence.
This may involve taking photographs or saving text or email complaints from neighboring tenants. You should also document the date, time, and nature of each complaint.
Provide the tenant with a written notice detailing the complaint and the requirement to vacate the premises. It is called a three-day notice to quit – a notice to quit doesn’t give the renter a chance to remedy the violation.
You (or your lawyers) must provide it in writing. It must include:
- The property address
- The tenant’s full name
- A description of the violations, including dates and details
- The date, place and circumstances of the alleged nuisance-like behavior, along with witnesses to each event
You must also clearly state that the tenant has to vacate the property as soon as the three-day window ends. The first day is the day after you issue the notice to quit. The notice cannot expire on a Saturday, Sunday, or judicial holiday.
Documenting for Legal Actions from a Lawyer in California
If the tenant fails to vacate within the notice period, you will need to file an unlawful detainer lawsuit with the appropriate court to seek legal eviction. Make sure that you complete all required paperwork and file your suit in the correct court. Paperwork errors or filing in the wrong jurisdiction will lead to delays in the eviction.
With that in mind, you shouldn’t wait until your nuisance tenants miss the three-day move-out window to speak to a nuisance evictions attorney. The California Property Law Group can assist with filing an unlawful detainer lawsuit and preparing additional supporting documentation.
Our legal team will ensure that your case is filed in a timely manner and submitted to the appropriate court. Additionally, we will keep you apprised of all hearing dates and deadlines.
The next step involves attending the court hearing to present evidence of the nuisance behavior. California Property Law Group will handle evidence prep and compose a strong argument to support your request for a nuisance eviction. If the court rules in your favor, the judge will issue a judgment for possession of the rental property.
Finally, you will be able to request a writ of possession. If the judge issues the writ and the tenant has still not vacated the property, law enforcement can remove them.
Once you retake possession of the property, make sure to take detailed photographs and videos of any damage. You will need this evidence to file a claim with your insurance company. You may also be able to pursue compensation from the former tenants.
How California Property Law Group’s Eviction Attorneys Can Help
California Property Law Group possesses the knowledge and experience to help you navigate the complexities of landlord nuisance evictions. Our legal team can evaluate your case and assess the situation to determine the best course of action.
If the renters are violating the terms of your lease agreement and engaging in nuisance activities, CA Property Law Group can draft and serve legally compliant notices. Indeed, our lawyers will be in your corner during the entire eviction.
If the nuisance tenants refuse to vacate after receiving the three-day notice, we will advocate on your behalf during all proceedings. By partnering with our law firm, landlords can promote a more efficient eviction process while protecting your property rights.
Contact our attorneys at our law firm to schedule a landlord consultation if you’re dealing with nuisance tenant disputes.
