BREACH OF LEASE
Breach of Lease
In rent control jurisdictions like San Francisco and Oakland, the law allows a landlord to evict when a tenant breaches the lease.
Most leases contain covenants (binding obligations) that the tenant must adhere to. Your lease, for example, may restrict noise after a certain hour, prohibit smoking, or disallow pets. A violation of one of these covenants may provide you grounds to evict your tenant.
If your tenant is violating the lease, you may start the eviction process by serving a proper three-day notice to cure the breach or vacate the property. Your notice must strictly comply with rigorous California state law and with the local statutes. A mistake in an eviction notice, no matter how minor, will result in the court ruling in favor of the tenant, defeating your eviction.
If the tenant does not cure the lease breach within the time allotted, you may evict them by filing an action for unlawful detainer in court.
Before attempting an eviction, it’s wise to consult an attorney who is experienced in these complex matters. At McLaughlin Sanchez, we help you navigate the process and complete a successful eviction.
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