Legal Question in Landlord & Tenant Law in California

Embrace the downside of being a landlord. Yes, anything adverse you do at this point is going to look retaliatory. I would suggest consulting with a local attorney who handles evictions frequently in the area where the property is located. Here's why - judges who handle evictions range from being somewhat pro-tenant, to being pro-landlord. In any given court, you could win the day because there is no rational relationship between the complaint he filed and your eviction, or you could lose and be "branded" a retaliatory landlord, which will make your tenant somewhat eviction-proof for some period of time. You need to gauge what the Court that will hear your eviction is going to be like. If it's a pro-landlord court, then build the case (with the advice from the attorney with whom you consult) that it is not retaliatory. You don't have to, nor should you give any reason for a sixty-day notice. You are just terminating a month-to-month tenancy.

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