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Can I evict my tenant because there appears to be prostitution going on?

San Diego, CA |
Filed under: Landlord-tenant law

He has been consistently late in paying rent and there seems to be a steady stream of people coming and going for short periods of time frequently; which indicates some sort of illegal activity - specifically, prostitution.

Attorney Answers 3


  1. About illegal drug activity, prostitution, and in some cases gang activity, see. Code of Civil Procedure, Section 1161 It provides the legal basis whereby a landlord can serve a 3 Day Notice to Quit on a tenant who "...illegally sells a controlled substance upon the premises or uses the premises to further that purpose...". Again, the Landlord is advised to have independent witnesses, police officer testimony and other evidence to sustain the Landlord's burden of proof should the tenant contest the matter at trial.


  2. I agree with the previous answer and I'd just caution you when it comes to taking that extra step to evict based upon suspicion of illegal activity. I think a better plan might be to give the tenant a legal notice to vacate. I don't know what the lease situation is but, if it is a month to month, then a 30 or 60 day notice could resolve this problem without you having to take all the extra steps..

    Good luck

    Thomas A. Schaeffer, Esq. Law Office of Juarez and Schaeffer PO Box 16216, San Diego, CA 92105 (619) 804-4327 www.jslaw.org This posting is provided for "informational purposes" only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principals discussed here may differ substantially in individual situations or in different States.


  3. i agree with my colleagues that the landlord can terminate the tenancy by giving only THREE DAYS advance written notice if the tenant has used the apartment for an unlawful purpose.

    This response will not create an attorney-client relationship.

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