Can I evict an aggressive and unruly tenant?

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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

Answers:

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

Answered 10 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:  http://www.courtinfo.ca.gov/selfhelp/other/landten.htm

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.


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