How to Properly Serve a Three-day Eviction Letter for Nuisance Under the Civil Code

California Nuisance Laws

In the state of California, a tenant is defined as a "nuisance" when acts such as harboring illegal weapons or drugs, cockfighting, dogfighting, playing loud music at inappropriate times, even arguing with one's spouse loudly in the hallway are committed.  By being a nuisance, the tenant is decreasing the inability of the rental space for others. Under California, Civil Code § 3479,  nuisance is anything which is injurious to health, including but not limited to the illegal sale of controlled substances, or is indecent or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property…”

When to Take Action

A landlord who is dealing with a tenant who may be a nuisance must first give the tenant a warning. The warning must clearly asks them to stop whatever it is they are doing that classifies them as a nuisance.  If the action is continued and the tenant does not change behavior, the landlord can use the right they are granted by California Code of Civil Procedure § 1161.4.

• California Code of Civil Procedure § 1161.4 : Any tenant, subtenant, or executor or administrator of that person’s estate heretofore qualified and now acting, or hereafter to be qualified and act, assigning or subletting or committing waste upon the demised premises, contrary to the conditions or covenants of the lease, or maintaining, committing, or permitting the maintenance or commission of a nuisance upon the demised premises or using the premises for an unlawful purpose, thereby terminates the lease, and the landlord, or the landlord’s successor in estate, shall upon service of three days’ notice to quit upon the person or persons in possession, be entitled to restitution of possession of the demised premises under this chapter. For purposes of this subdivision, a person who commits or maintains a public nuisance as described in Section 3482.8 of the Civil Code, or who commits an offense described in subdivision (c) of Section 3485 of the Civil Code, or subdivision (c) of Section 3486 of the Civil Code, or uses the premises to further the purpose of that offense shall be deemed to have committed a nuisance upon the premises.

How to Take Action

Via California Code of Civil Procedure § 1161.4, it is up to the landlord of the property to decide on the three-day notice they will serve the tenant with.  There are three-day notices which may ask the tenant to correct the violation or leave the rental property and there are three-day notices which evict the tenant right-away. Unlike late rent and other offenses, a landlord handling a nuisance may evict the tenant right-away.  This right does work only when the actions which make them a nuisance are classified as illegal and dangerous.

Contact a Los Angeles Attorney Today To Get the Get The Help You Need

If you or someone you know of is in need of an attorney due to a tenant conflict, please feel free to call our law firm at 310.943.1171, where our specialized attorneys are more than happy to help you with your case.