Legal Question in Landlord & Tenant Law in California

Landlord/tenant

Landlord is trying to move a tenant out of his rental at landlords expense while repairs due to broken water pipe and water damage are made. Tenant refuses to move- what are remedies for landlord


Asked on 2/12/08, 7:32 pm

2 Answers from Attorneys

Stanley Moerbeek The Law Offices of Stanley L Moerbeek

Re: Landlord/tenant

I'd do a two-pronged approach.

First, I'd serve a three day cure or quit notice to allow the workmen to commence their repairs, or to allow the landlord to evict the tenant.

Second, I'd try to have the workmen gain access to do the repairs around the tenant while he is still in possession. If he barred access, I'd document his refusal in writing and proceed with an eviction based on his violation of the landlords right to make emergency repairs.

Also, you might want to see if there is any apparent illegal activity going on at the leasehold. That would also justify a 3 Day Notice to Quit.

Read more
Answered on 2/13/08, 12:43 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Landlord/tenant

Interesting question! This a new one to me!

The law gives you the right to enter in an emergency like this, so I would just have the repair people go in an work around your tenant and his family. However, this is very strange.

Maybe another lawyer here has a better idea.

Good luck!

Read more
Answered on 2/12/08, 8:07 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California