Does the landlord have grounds to evict us for throwing a party without notifying management?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does the landlord have grounds to evict us for throwing a party without notifying management?
It is stated in the lease that we must notify management if we are throwing a party, however this was a closed event and only close friends were invited (birthday party). The same night, neighbors reported their patio furniture stolen, told management that we threw a party and that it was probably our fault. They have nothing but circumstantial evidence, although according to the neighbor there were people going in and out of our party. These were not our guests and were actually rowdy people that showed up without an invite and refused to leave. Landlord says we are in danger of eviction.
Asked on March 13, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Tenants can be evicted for violating lease provisions, such as a provision requiring managment notification before throwing a party. (If the lease doesn't distinguish between "closed events" and other parties, then the fact that it was a closed event does not matter.)
However, for eviction for violation of a lease, the tenant must typically be given a notice to cease--that is, a notice to stop the violation--first; then eviction can follow if the tenant violates again. Therefore, it is unlikely you can be evicted for this party, but you are in substantial risk of eviction for the next one.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.