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CalAttorney2
CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I leased a unit to a tenant. The agreement stated that there

Customer Question

I leased a unit to a tenant. The agreement stated that there was no smoking allowed. I then asked the tenant if he smoked marijuana. He said he did not. Once he moved in, he smoked marijuana several times a day, I believe everyday. I gave him 30 days notice on June 3rd. How much time do I need to give him to leave the premises? Given that he's breaking the law, what are my other options.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you today.

You can give 30 days notice at any point during the month, there is no need to wait until the 1st.

However, a 30 day notice is simply a "termination of lease" and you are not terminating the tenant's lease "for cause" - so 30 days notice is being generous to your tenant (although most landlords give the 30 days simply because it is more likely that the tenant will vacate without requiring any further action by the landlord).

If you wish to pursue the action more aggressively, you can give your tenant a "3 day notice to quit" based on his violation of the law.

If he fails to vacate within the notice period, you can then file an unlawful detainer action. (The California Courts have an excellent website to assist you with both the UD action (including all forms), and information on each of the notices used in CA (60, 30, and both 3 day, notices): http://www.courts.ca.gov/selfhelp-eviction.htm

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