Landlord Question and Answer Forum

I have a duplex in California. I inherited this property from my Father. One of the tenants lived in the property before I owned it. I did not choose them. Up until today, they have been great tenants. There was screaming and police came and arrested the tenant. What right do I have to get them out? My other tenant is very afraid and not want to live there as long as that tenant is there. I don't want to loose a good tenant.

Hello and welcome. As for the tenant that was arrested...unless the reason for the arrest is a violation found within the existing lease, than you really don't have a legal reason to evict. If you still what the arrested tenant out, then the only real option is not to renew the lease when it comes to an end. As for the second tenant, explain that you have no legal right to force vacating the other (if the above situation is correct) and if they're still insistent, you can be generous and offer to let them out of their lease early. PERSONAL EXPERIENCE; My lower tenant put a frozen pizza in the oven and fell asleep on the couch. Pizza burned filling the apt and hall with smoke, fire alarm went off, firefighters came, etc. As the only damage was a pizza that looked like a hockey puck, insurance wasn't going to do anything. Well, the next day the upper tenant calls me and complains "I can't sleep at night , I'm in constant fear that the lower tenant will burn down the place, my son has asthma,..etc". I replied "If you believe that you and/or your family's safety and/or health is in any type of risk while staying in the building, then I'm fully willing to let you end your lease early and vacate when you're ready." I never heard another word about it.

Posted by Matthew M, IL on Thursday, August 1, 2019