Legal Question in Landlord & Tenant Law in California

I live in Stockton, CA and I'm a owner in a condominium. My neighbor upstairs moved and decided to rent his house out.

The new tenants were suppose to move in on Monday and meet up with the owner.

They never showed. The owner, thought they might of back out of renting the place.

They showed up Tuesday, without notifying the owner. This home that is being rented is a non-smoking home.

Well, when they were up there, they were smoking marijuana.

I called the owner right away.

My question, (since this his first time being a landlord and I have health problems due to smoke): Can he terminate the contract? They have not fully moved in, and seems like they are coming and going to use the place to smoke.

Do I have any legal action against the landlord?


Asked on 11/03/09, 11:27 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

You probably do not have a legal action against the owner, but you may be able to contact your local city attorney and ask they be noticed as a nuisance. If they are determined to be a nuisance, then the owner will be forced to evict them.

If you see people coming and going on a constant basis, this may also be a cover for an illegal sales and/or distribution and/or growing location. This may make it worth contacting the distict attorney as well as the local police department.

Of course, if these people are proper medical marijuana patients, there may be little anyone can do unless they are improperly or illegally distributing/disseminating their medication.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at RulesofEmployment.com

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Answered on 11/09/09, 1:07 pm

Actually, Mr. Linden is wrong, you can bring a nuisance action against the landlord. Permitting drug use on his premises is actionable under Health and Safety Code sections 11570 et seq. and Civil Code section 3479. In order for such a suit to be successful, however, you have to notify the landlord and demand he do something. He does have a right to evict for this activity. If he does not, then you have a right to sue.

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Answered on 11/09/09, 3:44 pm


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