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Can I evict a tenant for being a hoarder? I am afraid of her…

Customer Question
Can I evict a...

Can I evict a tenant for being a hoarder? I am afraid of her causing a fire. Have spoken to her, but the junk keeps piling up

Lawyer's Assistant: What state is the property located in? And has anyone consulted a local attorney about this?

California. And NO

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Just that the property will be left in condition it was in at move-in

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She is always on time with the rent, and although there is great clutter in the house, yard and garage, she has never given me another cause for eviction during her five year stay

Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 5 minutes by:
3/14/2018
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,399
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 4 months ago

I'm sorry about your situation. The answer to your question is yes. California law requires that tenants keep the premises in reasonably good condition while occupying the premises. If they fail to do so, then the landlord can begin eviction procedures.

For you, this sounds like you may need to begin the eviction process. The eviction process applies to all landlords and tenants and the law does not concern itself whether the agreement is in writing or whether the tenant has paid rent. Eviction procedures also apply to tenants and subtenants as well. Regardless, although a landlord will have to go through eviction procedures, the landlord must pay special attention to some important legal concepts.

Generally, a landlord must follow procedural requirements when issuing an eviction notice. This means a tenant must receive written notice of the eviction before it is effective; in most cases it is at least 30 days (at least here in CA) In addition, a landlord’s eviction is unlawful generally if they violated the implied warranty of habitability; the implied warranty of quiet enjoyment; if the landlord has locked the tenant out; if the landlord has failed to uphold promises made in the agreement; or if the tenant has cured a problem such as past due rent. Plus, landlords cannot discriminate on the basis of race, gender, age, disability, sexual orientation, or religious affiliation under the Fair Housing Act. So, if you are going to evict, you must be very careful that you’re providing enough time and doing it for the right reasons. Regardless, if a tenant fails to pay the agreed upon rent, is at the end of their tenancy, or is not performing promises in the agreement, then you can evict.

If you click here, you can see the variety of eviction notices that are available to you depending on your situation.

What other questions did you have for me today that I can help you out with:-)?

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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