Skip to main content

What is the quickest way to get a tenant out that has been a resident for over a year but is not compliant?

Los Angeles, CA |

The problem tenant in question has been skateboarding, barbequing, inviting excessive numbers of friends over after being warned by the landlord. I live on the adjacent property across from this problem tenant and plan on notifying the landlord that the tenant is still not getting the message, i.e. they immediately began skateboarding again after the landlord left. Is my word enough? Do I need photos? Should I contact the landlord and tell them to drive by right this minute so they can catch this problem tenant in the act? what else can I do?

Also, is skateboarding and inviting excessive guests over a violation of the Civil Code 1927? Can that be used to evict a tenant or at least give the 30-day notice (OR would it be a 60-day notice since the tenant has been there over a year)?

Attorney Answers 2

Posted

Your facts are a bit unclear. Are you also a tenant of the same landlord? If so, you may have remedies under the theory of constructive eviction (but not likely to succeed). If not, and you are an owner of the adjacent property or a tenant of the adjacent property but not with the same landlord, then all you can do is apprise the troublemaking landlord of this situation. That landlord can then decide whether to use a 3 day notice to perform covenant or quit, or a 60 day notice of termination if that tenant is a month to month tenant.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Mr. Chen, I apologize. I am the owner of the adjacent property. Are there any grounds for me to go after the landlord because of this tenant creating excessive noise from various activities? The size of their apartment is literally the size of a large garage and probably is meant to only accommodate 2-3 guests maximum, isn't it a violation of some sort to have 10+ guests over? Because the 10+ guests end up loitering sometimes all day/night in the driveway? And what about littering? I have seen them throwing a few cigarette butts, dropping styrofoam packaging for barbequing meat on my property on several occassions. Do I need video of them doing this? Can I call the police on this issue or what recourse do I have for littering?

Posted

Because you are not the landlord, how the landlord gets rid of the tenant is not your business. What is your business is that the tenant may be creating a nuisance. (Frankly, skating, barbequing, and having lots of friends over does not quite seem to be nuisance behavior to me. It depends on how many friends are over and the hour at which he is skateboarding.) You can tell the landlord that, if he does not get rid of the tenant, you will hold him responsible. You can then bring a small-claims court action against both landlord and tenant.

The landlord will then whether to give the appropriate 30- or 60-day notice or whether to give a three-day notice on the grounds the tenant is creating a nuisance.

Mark as helpful

2 lawyers agree

1 comment

Asker

Posted

Thank you for the response. I believe the tenant is a nuisance as the proximity of his barbeque to my front door is literally 15 ft; therefore I cannot open my window without the smoke entering the room. Also, the wall between the properties is about 5'5" in height, so when this neighbor invites excessive traffic over, they end up staring at me within that 15ft distance, while I am in my own driveway (that can get quite annoying after awhile and it definitely feels like it's imposing on my privacy). The skateboarding creates excessive noise and the board is crashing against various parts of the property (stairs, walls, etc.,); and his friends also skate. If he or his friends get injured isn't the landlord liable? And, isn't physical damage to the property from the skateboarding grounds for a 3-day eviction?

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics