Legal Question in Real Estate Law in California

I have a tenant that continuesly make noise at night. The resident manager had to call the cops 3 times within a week because the was loud, rude and will not turn down the music when asked to do so. He just moved in two months ago and has a 6 month contract. Can he be evicted?


Asked on 1/16/10, 9:56 am

1 Answer from Attorneys

Yes, eventually. I'm assuming your lease form has a provision that requires tenants to comply with the law and not to interfere with other tenants right to the quite use and enjoyment of their units. Minor sporadic incidents of noise and disruption do not constitute grounds for evicition, but if this continues it certainly will eventually reach that point. You need to document each incident, and give him several warnings that he is in violation of the lease and will be evicted if it continues. If he then keeps it up, you will have to go through the standard unlawful detainer process just as if he didn't pay his rent.

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Answered on 1/21/10, 10:12 am


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