Evicting a Tenant Based on Nuisance in California

California landlords have the right to evict their tenants when they become a “nuisance” to others in the vicinity.  This article explains California’s requirements for maintaining a successful nuisance eviction against a tenant.

What is a “Nuisance”?

So, what constitutes a nuisance to support an unlawful detainer under California Code of Civil Procedure 1161(4)? A nuisance is an act that is injurious to health or indecent or offensive to the senses or that obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property (Civil Code 3479). Some examples include excessive loud noise, excessive trash or debris on the property creating an eyesore, unlawful controlled substances offenses, unlawful weapons or ammunition offenses, or using the property to further such offenses.

The basic concept underlying the law of nuisance is that one should use one’s own property so as not to injure the property of another. An action for private nuisance is designed to redress a substantial and unreasonable invasion of one’s interest in the free use and enjoyment of one’s property. The invasion may be intentional and unreasonable. It may be unintentional but caused by negligent or reckless conduct; or it may result from an abnormally dangerous activity for which there is strict liability. On any of these bases the defendant may be liable.

Proving a Nuisance Eviction

The statutory basis for a nuisance eviction is California Code of Civil Procedure 1161(4).  It provides in relevant part that a person is guilty of unlawful detainer (and can be evicted) when:

4. Any tenant … maintain[s], commit[s], or permit[s] the maintenance or commission of a nuisance upon the demised premises …  

To terminate the rental agreement based on nuisance, the landlord must prove all of the following:

•             That the Plaintiff owns/leases the property

•             That the plaintiff rented/subleased the property to the defendant

•             That defendant created a nuisance on the property by specific conduct constituting a nuisance

•             That plaintiff gave defendant three days’ written notice to vacate; and

• That the defendant [or subtenant] is still occupying the property.  (See California Jury Instructions No. 4308.)

No Opportunity to “Cure”

CCP 1161(4) allows the landlord to evict a tenant without first providing the tenant an opportunity to “cure.”  This is different from CCP 1161(2) and CCP 1161(3) because both of those laws give the tenant an opportunity to fix the violation. CCP 1161(4) provides that the tenant must move within 3 days, without granting the tenant the option of fixing the violation). From a practical standpoint, the landlord should not base his unlawful detainer on an isolated nuisance occurrence or a relatively minor nuisance issue. 

If you think you have a nuisance claim, contact Lynx Legal for a quote and assessment of your case. We have handled over 12,000 evictions over the last 13 years, many of them involving nuisance-based evictions.  You can contact us by calling 888-441-2355 or info@lynxlegal.com.  Our experienced representatives are standing by to take your order or answer any questions you may have.