Legal Question in Real Estate Law in California
Eviction of Tenant who is a threat to himself and others
For the second time, one of the two renters of a friend's mobil home has been placed in police custody due to his
behavior in front of the rental unit. As this individual is not of sound mind and appears to be a threat to others, he has
now twice been placed in the local Psychiatric ward. However, once again, the judge has released the individual
believing that there is no harm to anyone in doing so.
The other tenant is my friends's sister, and she feels unsafe with this man in her living space. Can the tenant be evicted?
Thank you!
1 Answer from Attorneys
Re: Eviction of Tenant who is a threat to himself and others
If the tenancy is month-to-month, a thirty-day notice can terminate the tenancy. In general, the landlord does not need a reason. If the tenancy is for a fixed term (six months, one year, etc.), then the landlord can evict only for a violation of the lease. Someone needs to read the lease and then figure out how this tenant has violated it, if at all. Unless he has damaged the property or threatened harm to the co-tenant, it may not be possible to evict.
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