Legal Question in Landlord & Tenant Law in California

I manage a small apartment complex and am having problems with a tenant frequently have NOS parties at his unit. You can here the air tanks hissing and the balloons popping and occasionally see someone with a balloon. what are my rights as far as evicting this tenant


Asked on 4/04/14, 8:18 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Use of nitrous oxide by people other than license dentists or surgeons is prohibited and a misdemeanor pursuant to Penal Code section 381b. Use of the premises for illegal drug use is an eviction covered under Code of Civil Procedure section 1161, subdivision (4). An eviction for drug use is commenced with a three day notice to quit and the breach is not curable.

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Answered on 4/04/14, 9:01 pm
Armen Tashjian Law Offices of Armen M. Tashjian

Hearing hissing sound and occasionally seeing a visitor with a balloon is hardly proof of criminal activity. If you try to evict and fail to prove your case, the tenant will get to stay and get his costs and attorney's fees on top of it, as most lease agreements provide for recovery of such costs. So, tread carefully.

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Answered on 4/07/14, 1:58 am


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