Legal Question in Landlord & Tenant Law in California

One of my three tenants has moved her emplyer's construction bussiness into my rental residential property to work form home disregarding my request not to do so being that the primary tenants are elders needing the space in the house. Furthermore, the tenant that has moved the business into the house does not have a zoning clearance and has the actual construction office just 3 blocks from the residence. Please advise as to my legal rights to stop the business being run from my rental property.

Thank you.


Asked on 7/08/10, 9:51 am

2 Answers from Attorneys

James Bame San Diego Law Office

Do you have a written rental agreement? If it is a residential lease, then you may serve a 3 DAY NOTICE TO CURE OR QUIT along with an appropriate TERMINATION NOTICE. You may file an unlawful detainer action after the expiration of the notices. Contact me directly.

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Answered on 7/08/10, 1:04 pm

I would need to review your lease to be sure. If you have a good standard lease, it will provide that legal violations are grounds to terminate the lease. If so, Mr. Barne is right about your remedies. You basically treat it the same as non-payment of rent. It would probably be a good idea to notify her employer that it is unauthorized, and the employer may be liable for any zoning problems you may have.

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Answered on 7/08/10, 1:27 pm


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