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.


Asked on 11/02/05, 8:20 pm

2 Answers from Attorneys

Randy Schlosser Law Office of RM Schlosser

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.

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Answered on 11/06/05, 12:43 am
Robert F. Cohen Law Office of Robert F. Cohen

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.

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Answered on 11/02/05, 8:35 pm


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