Under what circumstances can you serve a tenant a 3 day eviction notice?

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Under what circumstances can you serve a tenant a 3 day eviction notice?

The police showed up on Thursday to arrest a friend the tenants had staying at our house for a week; he had stolen a car and parked it on our street. Our tenants were also taken into custody for being under the influence and violating their probation (we had no idea they had a criminal record). They were released and not charged but since we also live in the house, we are afraid for our safety and need to evict them. We believe this falls under appropriate use of the 3-day eviction as they did both “substantially interfered with other tenants” as well as “used premises for unlawful purposes”.

Asked on May 14, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Most three (3) day notices to pay or quit arise due to the tenant's failure to pay rent when due the landlord. When such happens, the landlord has the option of giving the tenant the opportunity to cure the problem by paying rent when due as opposed to serving a thirty (30) day notice to terminate the lease.

From what you have written the circumstances do not warrant a three (3) day notice to pay or quit. Under the lease's terms, potentially a thirty (30) day notice may be warranted. I suggest that you consult with a landlord tenant further on the subject. If the lease is a month-to-month lease and you want these tenants out, you can serve the required written notice.

 


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