Legal Question in Landlord & Tenant Law in California
Eviction rights
Can i evict my tenant for paying me rent late every month, and for not listening to me about parking in the driveway after i have asked them repeatedly.
2 Answers from Attorneys
Re: Eviction rights
Generally, a tenant may only be evicted for material breach of the lease. Here, failure to pay on time is a material breach if the contract specifies when rent is to be paid. As to the parking issue, unless the lease is clear about the parking, this would NOT be a material breach of contract.
In either case, you must give proper notice under the law.
Re: Eviction rights
Most likely. If you have a written lease that specifies rent is due on the 1st day of each month, on the 2nd day of next month, serve her with a 3-day notice to pay or quit. She would have to pay within that 3 day period or she forfeits the lease.
As far as parking goes, serve her with another 3-day notice to abate or quit. In CA, and especially in LA county, you have to be very specific about what the problem is in the notice.