Our Los Angeles Eviction Attorneys were recently asked to analyze an eviction based upon a tenant’s conducting constituting a nuisance. Under Los Angeles Rent Control “for cause” evictions, a nuisance or use of the property for an illegal purpose is just cause to evict upon the proper service of a three-day notice.
The landlord would carry the burden to demonstrate that the tenant no longer has the right to occupy the property because the tenant has created a nuisance on the property or is using the property for an illegal purpose. To carry this burden of proof, the landlord must demonstrate all of the following: (1) that landlord owns/leases the property at issue; (2) that landlord rented the property to the tenant defendant; (3) that the tenant defendant created a nuisance on the property (conduct constituting the nuisance must be specified and proven more likely than not to have occurred); or that the tenant defendant used the property for an illegal purpose; (4) that the landlord properly gave the tenant defendant three days’ written notice to vacate the property; and (5) that the tenant defendant is still occupying the property. See California Civil Jury Instructions No. 4308.
Therefore, a nuisance caused by a tenant is grounds for eviction, even in rent control “for cause” jurisdictions. If you have questions regarding evicting a tenant, call or email one of our Los Angeles Eviction Attorneys today for a free consultation and case evaluation.