Legal Question in Landlord & Tenant Law in California

I have a rental house that is currently being rented to a family of 4. I am at my wits end with the tenants, where the yard was once green and lush is now in shambles, it is nothing but dirt and covered in dog feces, though I have asked repeatly to please pick up the dog feces as it is not the gardners job to do they're response back to me is it is their business. They continue to pay the pay the rent late and when I inquire as to the reason for it's latesness informing them that I have been very generous in the past for not charging them the late fee, and am shock to hear them use foul language towards me. They have no respect towards me or my property. I am begining to get ill with all the stress I am going through, I want to ask them to leave but I am so afraid of some form of retaliation. Can you Please, Please advise?


Asked on 11/03/09, 3:46 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Because of your level of stress, it might be worth your while retaining a lawyer to take action against these folks so that you won't have any direct contact.

Typically, to evict someone for breaching a rental agreement (or not paying rent), a three day notice to cure/pay or quit is served -- usually by posting on the front door and mailing. Once that demand is not satisfied, the landlord files an unlawful detainer (eviction) lawsuit in court. A trial is set, the landlord explains what's going on and presents evidence. Then the tenant can tell his/her story. Then the court decides whether the rental agreement has been breached and may order their eviction. After giving the paperwork and some money to the sheriff, the sheriff effects the eviction in a week or more.

If they have threatened your safety to the point where you believe they intend to physically harm you or your family, you could also seek a civil harassment restraining order. Many courts have free clinics that will help you prepare the paperwork.

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Answered on 11/08/09, 7:46 pm
Melvin C. Belli The Belli Law Firm

First what kind of lease are they on? If is it month to month or for a fixed term. Do you have rent control? If month to month no rent control then give then 30 days notice if less than year or 60 days if more than a year that you are terminating their tenancy. If it is for a fixed term wait until term expires and don�t renew. If it is longer than a couple months long start eviction proceeding based on habitually late payment of rent and damage to property both of which are breaches of the terms of the lease. It could take you a couple moths to throw them out and some attorneys fees so you need to decide how quickly you want them out.

Next time don�t rent to tenants with a dog. If you do charge them a big security deposit and put something in your lease about them picking up their dog�s waste.

Hope this helps and good luck.

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Answered on 11/10/09, 1:29 am


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