Legal Question in Landlord & Tenant Law in California

A week ago one of my tenants came out of their unit clutching a baseball bat. They yelled and cursed at the gardner who had parked at the back of the property. The tenant threatened to break the garderners front windshield if he didn't move. The tenant claimed they could not get out of their garage to get to job. He banged the bat on the gound and stormed over to the drivers side of the truck saying repeatedly "are you going to move or not" with the bat in hand and up by his shoulder. This was captured on video. From looking at the video it appears they could of gotten out of their garage. The tenant left about 15 minutes later from their garage. Is this event grounds for eviction? Threatening property damage and bodily harm? The gardener is afraid to file a police report. Other tenants wittness the event and are afraid of the crazy tenant. What can I do?


Asked on 10/04/11, 4:20 pm

2 Answers from Attorneys
Roy Hoffman Law Offices of Roy A. Hoffman

If the tenant is on a month to month tenancy, you can give them a 30 or 60 day notice to vacate (depending on whether they have resided at the premises for less than one year). Month to month tenancies can be terminated at any time and for any reason. If the tenant resides on the premises pursuant to a lease, it would depend upon what the lease says.

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Answered on 10/04/11, 4:28 pm
Philip Iadevaia Law Offices of Philip A. Iadevaia

If the property is governed by rent control, you will have study the grounds for eviction based on criminal conduct or nuisance.

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Answered on 10/05/11, 8:11 am


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