Legal Question in Landlord & Tenant Law in California
Landlord rights to evict
Can a landlord evict a tenant who has numerously complained about other tenants who constantly disturb the peace. The complaining tenant pays his rent on time every month and has no complaints against him.
2 Answers from Attorneys
Re: Landlord rights to evict
You might have a defense of retaliation. In every rental agreement, there is an implied covenant of quiet enjoyment of your property. By allowing the noise to go on -- and I assume it's late at night when a reasonable person would expect relative quiet -- especially after you have complained, you might be entitled to make a claim for reimbursement of back rent.
Re: Landlord rights to evict
I second Mr. Cohen's answer.
It is not only retaliation, but the laws allows rent "abatement"---a refund to you of a percentage of rent. (I am assuming you are the unknown "mystery tenant")
Get a lawyer! Fight this case!
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