Legal Question in Real Estate Law in California

Retaliatory Eviction
I have an apartment building in a nonrent controlled area of CA. I also have a tenant who has been exceedingly annoying not about repairs, but just likes to pick fights with me. I hired some contractors to repair my roof when one of them accidently poked a hole through my roof and some debris landed on his child's bed. His child was not on the bed at the time. He threatened to sue, he called the local housing authority and even called the police. The contractors said they would fix it, but he would not allow them to fix it until both the housing authority and the police came to see the hole in the roof. He says he will not pay any more rent to me and that he wants me to give him new carpeting. He's on a month to month lease right now. This just happened today. He has also had some more people stay over that are not in the agreed contract which stipulates that he owes me $100 per person for an extended period of time. I can't prove it, but my manager confirms it. He also had a laundry hookup in my apartment which is not allowed. My question is whether or not I can give him the 30 day notice to terminate the lease agreement without having to be subject to retaliatory eviction charge.

Asked on 8/12/00, 2:52 am

Ken Koury Kenneth P. Koury, Esq.

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Re: Retaliatory Eviction

he said he will stop paying rent to you. that will solve your problem, just evict him on a 3 day notice.

Answered on 9/15/00, 11:57 am

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