NUISANCE EVICTION
Nuisance Eviction
The law allows a landlord to evict a tenant who creates a nuisance. Under California law, a nuisance is defined as anything that interferes with the comfort and enjoyment of the landlord or other tenants on the property. Nuisance behavior can include loud music late at night, a barking dog, or other illegal activity such as the use or sale of illegal drugs.
In rent-control jurisdictions like San Francisco, a landlord must also prove that the offending tenant’s nuisance behavior is “substantial,” and the activities are “severe, continuing or recurring in nature.”
For strategic reasons, we often begin the process of evicting a nuisance tenant with a carefully written warning letter. If that doesn’t work, we move to the next step—the service of a proper notice to quit. Your nuisance notice must strictly comply with rigorous California state law and with the local statutes in rent control jurisdictions. Any mistake in an eviction notice, no matter how minor, will allow the tenant to defeat your eviction.
Before attempting a nuisance eviction, you should consult an attorney who is experienced in these complex matters. McLaughlin Sanchez provides the expertise to help you evict your tenant and get rid of the nuisance.
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