Legal Question in Landlord & Tenant Law in California

Re: suspected drug dealing tenant arrested

I agree with Mr. Linden, and suggest you follow his advice.

If you want to evict, however, you do not need to rely on the lease (in my opinion) since criminal activity is cause for eviction whether or not the rent is up to date.

I am enclosing a link to the California Self-Help center from the California Superior Courts website, which tells you exactly what you need on the notice to evict.

However, there are some strict requirements as to the tenant's personal property.

If you need more, feel free to e-mail, or call my office.

Re: suspected drug dealing tenant arrested

You still need to follow the lease itself. There probably is a clause (usually section 16 in a form lease) that talks about criminal violations. If he was conviceted (this is important to prevent you getting sued later) of the offense, then there is most likely a 3-day notice you can serve that is a notice to quit/vacate.

Your safest means would be to wait for the rent (Maybe his parents or a friend is planning to pay to "keep his stuff safe") and if none is received, you give the notice to pay or quit. If he is on month to month and he's been ther over a year, there is a new law that requires a 60-day notice. Not sure, offhand, if it ia all of CA or just LA,but that is another important thing to check into.

Being a landlord has benefits and setback, this is one of the down sides of your job. I emphasize with the fact that you will have to wait to be able to rerent the unit, but the law is set up to make sure people are not wrongfully evicted out of their homes. You must understand that a person's home is a very protected place under public policy in an effort to prevent homelessness.

Regards,

Scott