Question
My question involves an eviction in the state of: California
I own a house in CA and lease it to a tenant that is now on a month to
month basis.
The tenant is a serial complainer. He has been coming up lately every month with different defects in the house as a way to decrease his monthly payments. He also complained at the end of the month but today he sent a formal letter saying he is withholding the rent until all defects will be fixed.
I am tired of his behavior and simply want him out of the house.
What is the fastest way to get him out?
1. 3-Day Notice for not paying this month rent (but then he might take me to court saying he did not pay since I did not fix the defects)
OR
2. 60-Day for end of lease (then I don't need a reason to end the lease).
What is my best option?
Answer
I think you'll be better off with a 60-day notice. The tenant is probably sophisticated enough to know he/she has defenses to the unlawful detainer you'd have to file and would indeed raise those defenses. You might prevail, but probably the more certain route will be better overall.
Answer
Mr. Whipple is very wise and his advice for your case may be the best approach, but you also need to do some research on eviction laws; Nolo Ppress publishes some good books written for the lay person.
Under the law, a tenant can only withhold rent after giving the landlord reasonable time to effect repairs and to the extent the tenant actually spent that sum of money, not to exceed one month's rent, for those repairs. The tenant can not say I will not pay the rent until you make the repairs but myself will not do any repairs. However, when the tenant is then brought to court in the unlawful detainer trial, he can assert a Green v. Superior Court defense that the building was sub-standard so the full rent is not owed. Judges often buy this as a argument and reject evicting the tenant but do tell them they have to pay a lesser amount.
If the tenant has lived there, on the date of service, less than one year you can give just a 30 day notice that you are not willing to renew the month to month tenancy.
Find out how long it will take to go to court and having a hearing; if you can not be heard any faster for a three day notice than a 30 day then going with the 30 day notice is faster.
Answer
I think my colleagues have missed a key question before answering yours: are the defects that the tenant complains about defects that render the premises not legally habitable. The tenant is only legally entitled to the premises as they were rented at the outset of the tenancy, provided the property remains habitable. The repair and deduct, or rent withholding remedies are only allowed A) if the defect makes the property not habitable under the law, or B) if it is some form of damage or deterioration not caused by the tenant, not normal wear and tear or tenant-responsibility maintenance, and that materially affect the value of the property compared to when it was rented. Old paint, worn carpets, and a host of other things that tenants may complain about are not grounds to withhold rent or repair and deduct, and a tenant who withholds rent without justification can be evicted. And you should read up on habitability. It doesn't take much to make a place habitable; basically running hot and cold water, working sanitation, mininum natural light, heat and electricity, and enclosure from the elements and vermin. Not much more. So unless you are a slumlord, give him a 3-day notice on the rent, and if he doesn't pay, evict him. If he does pay, give him the 30-day (if he's been there less than a year), or 60-day (if more than a year) notice, and get him out that way.
