How can I evict troublesome tenant in rent-controlled unit?

Legal Q&A: How can I evict troublesome tenant in rent-controlled unit?

May 14, 2014

Question: I recently won an unlawful detainer case against a tenant, and a lockout by the sheriff has been scheduled. Now I get a notice that somebody I never heard of says that he is a tenant and entitled to a trial and that the lockout will not be going forward as scheduled? How can this be?

Answer: It seems that your unknown tenant has filed a third-party claim. A landlord can protect himself from such tactics by serving, at the time of service of the unlawful detainer, all unknown occupants.

Ted Kimball
Kimball, Tirey & St. John LLP

Question: I own a unit that is rent-controlled. I have a tenant who is troublesome, and I would like to evict him. How can I do this?

Answer: You did not mention what city you live in. There are a number of rent-controlled cities in California, and each has different laws regarding rent-controlled properties. Depending on your city, there are different procedures that must be followed. Typically, rent-controlled cities allow a landlord to evict for non-payment of rent or for breach of a material lease provision, such as causing harm or a nuisance to other tenants, breaking laws such as dealing drugs or causing certain, specified problems.

Question: One of my tenants attempted to tape record our conversation, explaining that they have a right to do this for legal purposes. Is that true?

Answer: Your tenant has no legal right to tape record you without your express consent in places that you have an expectation of privacy, such as your business office. Further, surreptitious tape recording – tape recordings without your knowledge – is a misdemeanor under California state law. Contact your attorney if you learn that you have been surreptitiously recorded.

Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.

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