by Vincent Davis on July 9, 2013

Nuisance or Illegal Use

A landlord may serve a 3-day notice to quit on a tenant who is permitting a nuisance (including the sale of illegal substances or unlawful sale or possession of illegal weapons) on the premises, or who uses the premises for any illegal purpose. See CCP §1161(4). This is considered an incurable breach, and the landlord is entitled to file a UD action on the expiration of the 3-day period if the tenant has not vacated.
[Nuisance Defined]
A “nuisance” is defined as an act that is injurious to health, including, but not limited to, the illegal sale of controlled substances, or is indecent or offensive to the senses or that obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property. See CC §3479.
[Nuisance: Firearms]
A nuisance includes the illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, or giving away of any of the following (CCP §1161(4); CC §3485(c)):
• A firearm, as defined in Pen C §12001(b).
• Any ammunition, as defined in Pen C §12316(b)(2) or Pen C §12323(a), (b).
• Any assault weapon, as defined in Pen C §12276, §12276.1, or §12276.5.
• Any .50 BMG rifle, as defined in Pen C §12278.
• Any tear gas weapon, as defined in Pen C §12402.

[Nuisance: Controlled Substances]

A nuisance also includes committing an offense involving the manufacture, cultivation, importation into the state, transportation, possession, possession for sale, sale, furnishing, administering, or giving away, or providing a place to use or fortification of a place involving controlled substances. CCP §1161(4); CC §3486(c). It is also a nuisance to use any building or property to willfully conduct dogfighting or cockfighting. CCP §1164(4); CC §3482.8.

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