Can I evict or (or report) a tenant for smoking marijuana in CA?

[Belinda Bannister]

Hi everyone,

I have a property in California that my mother was living in. There was a room in the back of the house that she was renting out (bedroom and bathroom with private entrance). She got ill and passed suddenly. I came back to California and am getting her house ready to sell.

The lease states no smoking in the room and he has been smoking marijuana back there. The vents are connected and it reeks when he does it. He has been asked twice to stop, but he does it every single day. I am a female alone and I think he feels that I can't do anything about it.

Smoking medical marijuana is legal in California, but not recreational. I don't know if he has a medical marijuana card, but the lease states no smoking inside and no drugs at all. I told him that it gives me an instant headache and that I only have one lung. Still, he persists.

Can I evict him for this in the state of California? Also, if he doesn't stop after numerous times being told to stop, am I able to call the police on him for having drugs or smoking in my home?

Thanks for any help.