Can I evict an aggressive and unruly tenant?

UPDATED: Jun 3, 2011

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Can I evict an aggressive and unruly tenant?

Tenant of 20 plus years has been aggressive and hostile. Has threatened me on various occasions, most recently about getting a parking space which we don’t have an extra to give. He is amonth-to-month. How can I evict this man. He’s much bigger than me and scares me.

Asked on June 3, 2011 under Real Estate Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In CA a tenant may be evicted for several reasons. Among them, if a tenant is committing a nuisance or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents. And your situation would appear to qualify.  Additionally, with a month-to month-tenancy (one in which a tenant has no lease), only a 30 day notice to vacate need be given. 

At this point you should confer with the housing court or an attorney that specializes in landlord tenant matters. For a start you may want to check out this site:

Note:  If you feel in imminent fear of your safety contact the police ASAP. The will immediately remove him from the premises. You can then apply for a retaining order.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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