Legal Question in Landlord & Tenant Law in California
I have a tenant living in one side of my duplex that has 8 car tires and a few gallons of old oil sitting our front in the driveway. They have thus far refused to remove it and it has been over 3 months. What can I do?
1 Answer from Attorneys
Does your lease contain any Rules and Regulations, or any covenants that they might be breaking by having that trash sitting in the driveway? If so, you can give them a notice to perform covenants or quit. That notice essentially says that they agreed under the lease to keep the duplex in clean, neat condition, and that the tires and old oil are violating that provision of the lease. If they do not clean it up, they must move. If they do not comply, then file an eviction lawsuit and remove them. You may wish to have an attorney review the lease and assist you with this as it is generally harder to evict someone for failing to keep their unit clean, than for non-payment of rent. Also, the driveway may not be part of their "exclusive use" area of the unit, in which case as the property owner, you may have the right to remove the property. With the tires, however, you may have an obligation to store that property for them. The oil is clearly trash and should be disposed of properly. Again, you may wish to consult with a local attorney who can review the specifics of your lease and other information to help formulate a resolution.
*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."