Legal Question in Landlord & Tenant Law in California

Re: landlord liability re underage drinking

I would doubt any liability for drinking here. I note your e-mail is from Ventura County, and I assume that you are domiciled in Ventura County. Since I am unfamiliar with any local ordinance regarding underage drinking, I can't answer that part of your question.

Also, you state that they have given you a 30 day notice to vacate. Is that correct? If so, legally they should not deduct rent from the deposit. The last month should be paid.

I would think the easiest way out of your concern over liability, is to tell the couple that if you are made aware of alcohol being consumed, you will notify the police. Follow up with a call to the police, after the warning, and let the officers handle the problem. If there is a further problem with their drinking, you will be on record as trying to prevent it.

Re: landlord liability re underage drinking

I highly doubt that you are liable for their alcohol use. You should not be held to answer for their conduct, considering you do not have the legal right to enter their unit to do anything about it.

Frankly, your email sounds like you're wound a little tight on this one. Just relax, let the 30 days expire, and don't fuss over their improper use of the security deposit as last month's rent. Yes, their baby and alcohol use evidences poor judgment, but we can't fix everyone. Wish them well and let them go.

Re: landlord liability re underage drinking

While the two answers you have gotten are correct, there are a few additional comments needed I think.

I also doubt that you would be held liable for their drinking and their underaged friends doing so, but what happens if someone, while having consumed a little too much drink falls and hurts themselves. They will not go after the tenants as they have no assets; they will sue you instead arguing there was a physical defect with the property, perhaps you had some type of duty to them because it was your property and you should have done something about the illegal activity, etc. The City might come out and look at the unit; is it built to Code and permissible in the neighborhood?

If you acted tomorrow to evict them, you would not get them out within 30 days. But see if you can get a written agreement from them that if they do not move by a date certain then you have the right to evict without going to court. Try to get them to pay their normal rent and not use the security deposit because they will probably will not leave on tie and your cleaning costs will exceed that deposit, but if you can not get them to do so, you are still getting a tenant out much more easily and cheaper than the vast bulk of landlords.