Legal Question in Landlord & Tenant Law in California

Precocious tenants
My tenants have been acting up. We signed 2 year lease 12 months agowith many provisions for me to evict them shouild they occur. Recently they called me telling me that their other friend could build a brand new fence at my house for $500 ($250 from my neighbor). I told them that they would first need to call me before he started and that I would inspect the fence during construction and upon completion for my approval. They agreed. However, I got a call from them telling me that the work has been done. I told them that I first needed to be called etc. They said they were too busy. I drove to my house and saw that he did not build a new fence rather he removed planks from one side of the fence and placed it on top of the existing planks. He also placed 4 new posts which protrude above the fence. It looks horrible. One side of the fence is 7 feet high while the other (where they removed the planks) is 4.5 feet high. I told them that I will not pay for it since it is not a brand new fence, they did not call me and it looks terrible. They had paid the guy and they brought me the rent minus the $250 for the fence. They said that I could sue them in small claims court. Please advise. Can I evict them and also obtain my $25

Asked on 7/03/08, 6:59 pm

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Precocious tenants

If you can prove your allegations in small claims court, you can recover your lost $250.

If you want them out, start with a 3 day notice to quit. Also, next time you do anything like this you must get it in writing.

Answered on 7/03/08, 10:30 pm

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