Legal Question in Real Estate Law in California

Re: Eviction of Tenant while Inpatient Psych.

In general, a patient at a psychiatric facility would be considered disabled or "handicapped" for purposes of the federal Fair Housing Act and similar California statutes. You have a duty to make "reasonable" accommodations when "necessary" to allow the tenant to use the apartment and other facilities in the same way as a tenant who is not disabled.

Your duty to make a reasonable accommodation lasts even after you serve an eviction notice and file an unlawful detainer action. If the tenant has listed an emergency contact on his rental application or otherwise, you could call that person and make arrangements about rental payment or whatever other problem may have led you to consider eviction.

Penalties for violation of fair housing laws are very substantial. You should consult an attorney familiar with fair housing for legal advice on your particular situation.

Re: Eviction of Tenant while Inpatient Psych.

Without disputing the accuracy of the prior advice, I would add that 'reasonable accommodation' does not extend to tolerating non-payment of rent or other breaches of the rental agreement, so I would answer the question "Yes," you can serve the inpatient. Lack of mental competency is a defense to obligation under a contract (see Civil Code section 1556 et seq.) and, if a guardian, conservator or other fiduciary has been appointed, that person must also be served with notices, the summons, etc., see Code of Civil Procedure section 416.70, but many inpatients are not legally incompetent.

See also Code of Civil Procedure sections 372-376 regarding disability of a party in litigation, especially section 375, "An action or proceeding does not abate by the disability of a party....."

Finally, "hardship" can be argued by an unlawful detainer defendant as to forfeiture; in other words, a person claiming a hardship is less likely to be denied an opportunity to cure his default.