Legal Question in Real Estate Law in California

You must give a three day notice in all circumstances, which notice technically allows the person to stop the activity and thus not be subject to eviction, but drug users are not going to stop. You should serve a 30 day [60 if they have been there more than one year] notice also. And do not assume that just because if drug use a three day notice will be granted; the tenants wil ldeny use or continued use, will say that it was just a little pot they took for medical reasons, etc. The lease may say no drug use but kmany judges have soft hearts for tenants,especially around the holidays. Many landlords, after giving the three day notice, then offer the tenants some cash to move out sooner. Afterall, you ar not going to get any rent from them and they probably are judgment proof.

First, the law makes a distinction between drug use and drug dealing. If the tenant is dealing, the landlord must evict, and use of a three-day notice is proper, and the breach cannot be remedied. The tenant should then be served with a UD suit if they don't leave. It doesn't matter if the tenancy is month-to-month or a term lease.

If the offense is only drug use, the proper course gets a little fuzzier. If there has been a clear breach of the lease or month-to-month rental agreement, the landlord can choose between a 3-day notice followed by an unlawful detainer action, or the 30 or 60-day notice procedure. Going 3-day and UD will require a lease provision calling for termination and proof of its violation at the UD trial. Some authorities recommend the longer notice period to perhaps avoid the necessity of a trial, and the tenant is more likely to move along without a struggle.

I sort of agree with both my colleagues. First question is what type of lease is it? Is it for a fixed term or month to month. If it is month to month then you can do a 30 day notice to quit if they have been there a year or less and 60 days if more. No need to give reason unless it is in a rent control area that would require good cause. .

If it is not a month to month and you have a long time left and their drug usage is creating a nuisance then you can go the 3 day notice to quit route. If they quit their drug usage they then cure the breach but one could argue that it is not curable and proceed to eviction via unlawful detainer suit. The big question is how big is their drug problem and how it effects your other tenants or jeopardizes your property. i.e. Feds do big drug bust and seize your home thing.

So in the end it is all a matter of degree.

Good luck and hope this helps.