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My boyfriend has a home in Sacramento; he converted it to a…

Hello. My boyfriend has...

Hello. My boyfriend has a home in Sacramento; he converted it to a duplex and rents to two families. He pays for utilities. The family in the front part of the home has been late on rent since November (they moved in in October), and are now going to pay April rent on the 10th. Now the family in the back is complaining about power issues; they tell him that the family up front has a grow operation. We live in San Francisco, have given them 24hrs notice of an inspection tomorrow, but what are his rights with respect to getting the family in the front out of the home?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

California

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

There are no clauses in the lease with respect to illegal drug use. maintenance is around common areas. with regards ***** ***** it states that tenant may be required to pay for excessive power use but doesn't prohibit high draw equipment

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

Nothing comes to mind

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Answered in 5 minutes by:
4/6/2018
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
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Hello! I am a CA 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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Customer reply replied 4 months ago
please take your time. We will be driving up to Sacramento this afternoon and going to inspect the home tomorrow morning.

Thanks for your patience and I'm sorry to hear about your situation.

So, CA requires that a landlord provide 24 hours notice before they enter onto the property. A landlord can conduct routine inspections of the property to ensure that the property is in reasonable condition and to ensure that the tenants are not doing anything that would violate the rental agreement. Tenants do have a right to quiet enjoyment of the premises, which means that a landlord cannot come onto the property too frequently or at extremely inconvenient times, so the landlord must use caution when they are coming onto the property and how often they're coming onto the property. A landlord can terminate the tenancy by giving the tenant only three days’ advance written notice if the tenant. (Code of Civil Procedure Section 1161(2)-(4).)

In your boyfriend's case, although there are no clauses int he lease with respect to illegal drug use or possession, he can still terminate the lease on those grounds under California law. Accordingly, the written notice is good and he should inspect the home to ensure that the power usage isn't related to the grow operation. If so, he should work on the eviction ASAP.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
Thank you. I will have him follow up directly if he requires further information.

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Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,319
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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.

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