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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6189
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
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I own a house in California. I rent 2 of my rooms out The

Customer Question

I own a house in California.
I rent 2 of my rooms out
The police raided my house yesterday and arrested my room mate for identity theft and forgery... They took about 2 boxes of his stuff in as evidence.
He got bailed out the next day and is back in his room
I want him out now that I know what he does
Can I give him a 3 day notice to move out for doing illegal activities in my house?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.
Welcome and thank you for your question. I will be the professional that will be assisting you.
Do you have a written lease? If so, does the lease address removal of the tenant for illegal activities?
Expert:  Attyadvisor replied 1 year ago.
If this is stated in your lease you can do so based on the terms in your lease. If not you can provide a three day notice pursuant to California Code of Civil Procedure Section 1161 (4)
“4. Any tenant, subtenant, or executor or administrator of his or
her estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
or her lease, or maintaining, committing, or permitting the
maintenance or commission of a nuisance upon the demised premises or
using the premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his or her successor in estate, shall
upon service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of the
demised premises under this chapter. For purposes of this
subdivision, a person who commits or maintains a public nuisance as
described in Section 3482.8 of the Civil Code, or who commits an
offense described in subdivision (c) of Section 3485 of the Civil
Code, or subdivision (c) of Section 3486 of the Civil Code, or uses
the premises to further the purpose of that offense shall be deemed
to have committed a nuisance upon the premises.”
http://law.onecle.com/california/civil-procedure/1161.html
3-Day Notice to Quit This kind of notice is used if there have been ongoing problems with a tenant who:
• Causes or allows a "nuisance" on the property;
• Uses the property to do something illegal (like sell drugs);
• Threatens the health and safety of other tenants or the general public;
• Commits waste (damage) that lowers the value of the property significantly;
• Moves in other tenants (subtenants) without the landlord's permission.
The notice must:
• Be in writing;
• Say the full name of the tenant or tenants;
• Have the address of the rental property;
• State the details and dates of each incident that created a nuisance, waste (damage), or illegal activity, or the subletting of the property to others; and
• Say clearly that the tenant has to move out within 3 days.
http://www.courts.ca.gov/1288.htm
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Customer: replied 1 year ago.
I just have a verbal agreementMonth to month.No written lease
Expert:  Attyadvisor replied 1 year ago.
That is fine, The authority to provide the 3 day notice would be pursuant to California Code of Civil Procedure Section 1161 (4)
“4. Any tenant, subtenant, or executor or administrator of his or
her estate heretofore qualified and now acting, or hereafter to be
qualified and act, assigning or subletting or committing waste upon
the demised premises, contrary to the conditions or covenants of his
or her lease, or maintaining, committing, or permitting the
maintenance or commission of a nuisance upon the demised premises or
using the premises for an unlawful purpose, thereby terminates the
lease, and the landlord, or his or her successor in estate, shall
upon service of three days' notice to quit upon the person or persons
in possession, be entitled to restitution of possession of the
demised premises under this chapter. For purposes of this
subdivision, a person who commits or maintains a public nuisance as
described in Section 3482.8 of the Civil Code, or who commits an
offense described in subdivision (c) of Section 3485 of the Civil
Code, or subdivision (c) of Section 3486 of the Civil Code, or uses
the premises to further the purpose of that offense shall be deemed
to have committed a nuisance upon the premises.”
http://law.onecle.com/california/civil-procedure/1161.html
Yes you can provide the three day notice.
Expert:  Attyadvisor replied 1 year ago.
I wanted to follow up with you to make sure that the information I provided was helpful to you?
Please let me know. Thank you.

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