Legal Question in Landlord & Tenant Law in California

Re: discrimination

I'd suggest that you consider just giving them a 30 (or 60) day notice to terminate their tenancy rather than using that line of thinking. While they may be violating the lease technically, many courts take the position that so long as they are not overcrowing the unit there is no basis for eviction (and the legal standards for overcrowding a residential unit are very different from what you and I would consider overcrowded). Especially in light of the fact that the new addition will be an infant. Unless they have a term lease, then just give them a Notice to Terminate Tenancy with no reason whatsoever for why its being terminated. Kicking someone out during the holidays for having a baby is going to make you very unpopular with any judge hearing the matter.

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