What can a landlord NOT evict a tenant for?

Question

My sister has a rental property in Orange County, California, and she's worried about her landlord one day feeling contrary and serving her an eviction notice for having three dogs (even though she has had three dogs for more than 6 months and he's never served her any warnings or notices at all).

Still, she worries that one day he could be feeling contrary, and serve her an eviction notice for whatever he wants.

What are some reasons a landlord CAN'T evict a tenant for?

Still, she worries that one day he could be feeling contrary, and serve her an eviction notice for whatever he wants.

What are some reasons a landlord CAN'T evict a tenant for?

Bill Gulley · Answer

Then, in your class at UCLA, visit the chapter, usually toward the front, about rights conveyed by a lease, the right of possession and quiet enjoyment. He can't evict based on the customary use of a property with these rights conveyed.

Then look to breach of contract, violating the terms and conditions of the lease agreement. Generally a notice to cure is required, a LL can't just tell a tenant to get out. There are exceptions, such as drug use, illegal conduct or causing a hazard to others.

Back to the dogs, if there is nothing about pets in the lease and keeping them is not in violation of any ordinance, tenants are entitled to keep personal property on the premises leased.

However, if the dogs present a danger to others, like three bad dobermans, revert to the above issues.

By the owner seeing the dogs, having knowledge and not objecting gives implied consent.

A good way to calm her fears is to approach the LL (a letter if she is chicken) and simply say that she contemplating on staying and renewing her lease and ask the LL if there is any problem in renewing under the same rents and conditions.

I'm going to bet that since nothing has been said that nothing will be said and that the LL would welcome the inquiry. LLs don't like finding new tenants.

I'd say that your worry wort needs to confront matters to be at peace. The LL isn't going to wake up and just think, oh, let me see if I can toss someone out today on a whim! If he did, she has recourse. So, just ask, she might find that he likes her renting there!  :)

Aaron Mazzrillo · Answer

Wow! There are so many I don't know where to start. I can't evict my tenant for paying the rent, keeping the place clean, taking care of the yard, parking in the garage or driveway, keeping the noise down, taking care of the property and yard. I mean, we can go on for days!

You might want to re-ask this question or be more specific with what information you are looking for. As for the dogs, did she tell the landlord she was bringing along the dogs when she signed the rental agreement or did they just "show up" later? If the landlord doesn't know about them and the lease has language that forbids them, she can certainly be evicted for breaking the lease.

Kenneth LaVoie · Answer

In Maine, I can either do a 7 day or 30 day eviction. Rightfully so, and keeping with all sense of liberty, if I simply don't want a particular person living in my own property, I have the right to ask them to leave, within reason. In this case, Maine has a "no reason" 30 day notice requirement. Whether tenancy at will or lease, I can serve a resident with a 30 day notice. If they don't leave, I can serve them with actual court eviction notice. For a 7 day notice, they have to have not paid rent, damaged the unit, or caused a nuisance, unsafe conditions, etc. and for all except late payment, I have to have witnesses if they fight the eviction. My word is not enough.

Chris K. · Answer

It may differ state to state, county to county and judge to judge but I have a paragraph in my lease that addresses that type situation. Just because I didn't enforce something previously doesn't mean I'm never allowed to enforce it.

Landlords cannot just evict for anything though. I can't imagine a judge ever allowing an eviction solely on something like an argument.

Just curious how do you know "for a fact" that the landlord cannot do anything about the dogs?

Account Closed · Answer

Just for the OP's edification, here's what the Department of Consumer Affairs says regarding evictions:

"A landlord can terminate (end) a month-to-month tenancy simply by giving the tenant 30 or 60 days' advance written notice. (For an explanation of month-to-month tenancies, see Rental Agreements and Leases; for an explanation of 30-day and 60-day notices, see Giving and Receiving Proper Notice and Written Notices of Termination below.)

However, the landlord can terminate the tenancy by giving the tenant only three days' advance written notice if the tenant has done any of the following:276

• Failed to pay the rent.
• Violated any provision of the lease or rental agreement.
• Materially damaged the rental property ("committed waste").
• Substantially interfered with other tenants ("committed a nuisance").277
• Committed domestic violence or sexual assault against, or stalked another tenant or subtenant on the premises.
• Used the rental property for an unlawful purpose.278
• Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.
• Using the building or property to conduct dogfighting or cockfighting.278.1
• Unlawful conduct involving weapons or ammunition.279"

Fred Heller · Answer

Not giving legal advice. If a landlord doesn't enforce something like a no pets clause in the lease even though he's aware there are pets in the apartment, he may have waived his right to enforce the no pets clause. There's a legal term for this which I can't remember.

But a lot of landlords get around this by putting in a clause that says 'just because I don't enforce a clause when I know it's being violated doesn't mean I can't enforce it somewhere down the road."

It all depends on what the lease says and your state law.

Natasha M. · Answer

@Brandon Snyder Landlords are not in the business to evict good tenants. I have been in that situation before and all I did was increase the rent because of the possible damage of wear and tear due to having so many pets. If she's paying on time, takes care of the place & the dogs behave she should be okay. BUT!! just like mentioned above, it all depends on the rental/lease agreement and the landlord.

Nobody should worry about being tossed into the street. I suggest she makes sure those dogs are acknowledged the next time she signs an agreement.

Matthew Kreitzer · Answer

Generally speaking, from a legal perspective, unless there is a term in the lease that allows for a particular reason for eviction for prohibited practices, or a tenant breaches the terms of the lease through some action or inaction, they cannot be evicted. If a lease fails to provide for a prohibition on animals, it is likely that they would not be able to be evicted for having animals.

It ultimately, however, depends entirely on the terms of the lease. I would recommend bringing that lease to a Landlord/Tenant lawyer if things get bad.

As for some general things that are prohibited practices; eviction based on a protected class (family, kids, race, etc) is one of the big ones federally. As for local rules, check with a local attorney.

Brandon Snyder · Answer

Because I learned it last night in my property management class at UCLA.  We had a guest speaker who is an eviction attorney, and this subject came up in our discussion.

But this is California law.  I don't know how it is in Maryland.  No other state in the country protects the tenant more than California, or so I'm told.

Rich N. · Answer

every state is different, but it comes down to the tenant and landlord relationship.

if the LL allows dogs and the tenant and dogs are good, then usually is okay.

if the LL allows dogs and the tenant and/or dogs is bad. An eviction or non-renewal.

if the LL doesn't allow dogs, then for whatever reason an eviction or non-renewal is around the corner.

Remember the eviction attorney is only talking from a 10K feet level.  The LL can always say that they informed your sister and she first said she was only dog sitting, then the next month she denied it, then the third month the LL saw the dogs the LL served the notice.

I believe the above to be a very reasonable scenario and a court will understand and believe, so the big question is...what is on the lease ?

What can a landlord NOT evict a tenant for?

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