Legal Question in Landlord & Tenant Law in California

I have filed a UD in California and all other requirements previous to doing that have been fulfilled. The only tenant on the lease no longer lives in the home, She has had a DV restraining order issued against her protecting her Husband until 2013. I do not have an agreement with him or his Mother who is staying there now, I did not know my "original" tenant was no longer there until rent was late.

All three parties (Wife, Husband & Mother(in-law) were named and served only the two remaining answered with the following defenses; They offered the rent but I refused, I am retaliating by eviction since the day I requested the rent resulted in a verbal altercation between me and the "original" tenant, I am discriminating against him since I took pictures of the 60 marijuana plants in my backyard (over the fence in a neighbors yard) and he has a medical marijuana card, I put the house up for sale (two months before this happened) and he thinks I've sold it (I have not shown it once, changed my mind but they never came and picked up the sign).

Now I did serve him with a notice to quit ONLY and the fact that they are not on the lease, have created a nuisance by the CONSTANT police presence and DV issues they made so public, they also have a pet, painted the inside, and are growing Marijuana without my knowledge or consent.

My question is... Am I missing something or is a trial at this point my only option? Are there any additional forms I can use to get them to leave?


Asked on 10/11/10, 6:25 pm

1 Answer from Attorneys

Your situation is too complicated for a free internet answer. You should find an attorney who does UD who will advise you on a limited scope basis.

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Answered on 10/17/10, 3:40 pm


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