Evicting a tenant for nuisance when their behavior interferes with the quiet enjoyment of neighboring residents
It’s been said that your right to swing your fists ends when someone else’s nose begins, and this wisdom applies to rental relationships. When tenants interfere with the rights, comfort, or safety of other tenants or neighbors, this is normally a “just cause” reason to evict under state law and local ordinances.
There are many transgressions tenants can make to upset their neighbors. Think of playing loud music late at night or shouting. Plumes of marijuana smoke emanating into other rental units. Creating damage or vandalizing the unit or common areas. Hoarding behavior that creates a fire hazard, attracts pests, or blocks other tenants’ use of the property. Dogs that bark incessantly during the day when their owner goes to work. Intoxicated tenants or their guests threatening other residents. In a fit of rage, the tenant smashes out another tenant’s window with a hammer. Maybe there is a revolving door of people buying meth out the window.
The list can go on. Over three decades of practicing landlord-tenant law, Bornstein Law has seen just about every form of depravity. Unlike many other law firms, our office has become very acclimated to rogue behavior that at times can shock the conscious.
Isn’t it ironic? As landlord attorneys, we have been vilified for removing tenants from the rental community, but the removal of these troublesome tenants is applauded by neighboring residents who seek a better quality of life.
We want healthy, safe, secure rental communities where all tenants flourish. Removing bad actors accomplishes that goal, and residents in the building are thankful that someone creating havoc is out. Hit the road, Jack, so that other residents can have peace.
This begins with serving a proper notice, and we have to ascertain whether the behavior is curable or not.
Notice to cure or quit: The tenant can “clean up their act.” Bornstein Law can put tenants on notice that if the underlying nuisance behavior does not cease, they are subject to eviction.
Notice to quit: The tenant’s behavior is so egregious and they pose such a serious risk to others that they have forfeited their right to live in the rental community, and they need to leave without being afforded the opportunity to cure or refrain from their behavior. We are talking about drug dealing, violence, stealing packages, and the like.
Sometimes, a single serious act may be enough to be incurable, like arson or putting hands on someone. Other times, there is a series of repeated minor offenses that are incurable. For example, does the tenant have a one-time, loud party? This is probably curable. But if these rowdy parties continue to create an ongoing issue, it can rise to the level where the tenant has to go.
Defenses to a nuisance eviction in California
I didn’t do it: The tenant can say that the claims are false or exaggerated. Witness accounts and documentation are valuable to counter this defense.
The issue was minor and does not justify eviction: Tenants’ attorneys will argue that even if the tenant violated the lease, it’s just a hiccup. The breach of the lease is not serious enough to warrant eviction. For example, the tenant is caught smoking but agrees not to smoke again in the rental unit.
The landlord did not follow proper notice requirements: Even if there is clear evidence that the rogue tenant is engaging in nuisance behavior, there is some procedural error in the notice, allowing them to continue their reign of terror. Also, there are misinformed housing providers who accept rent payments after the expiration of the 3-day notice. This is a cardinal sin that will tank the unlawful detainer.
Finally, for all types of evictions, it is not uncommon for tenants’ attorneys to argue that the landlord is being retaliatory or discriminatory. We want to provide a counternarrative that, in fact, the tenant is creating problems in the rental community.