Legal Question in Real Estate Law in California

Tenant eviction

Can I evict a tenant who has been picked up on an outstanding warrant (tax evasion) and is in jail and can't make bail? His son is paying the rent, but the house is essentially vacant.


Asked on 2/28/08, 10:43 am

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Tenant eviction

In general, a landlord can evict a tenant only for a material breach of the lease. Not occupying the unit for a lengthy period of time is not, in and of itself, a breach. Many tenants go on long vacations or do long out-of-town work assignments. If the lease required the tenant to do repairs or maintain landscaping, failure to do that might possibly constitute a breach.

In addition, there are laws that permit and in some cases require the landlord to evict the tenant for criminal activity on the premises, such as running a drug house. These laws would not apply to tax evaders nor to failure to appear on a warrant.

I'd say it's doubtful there are grounds for evicting this tenant.

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Answered on 2/28/08, 11:14 am


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