A landlord discovers that a tenant is operating an illegal marijuana grow operation inside a rented apartment, causing structural damage to the unit and creating documented safety hazards. The landlord wishes to terminate the tenancy immediately. Under California's unlawful detainer statutes, which notice is legally appropriate?
Correct Answer
D) A 3-day notice to quit with no opportunity to cure, because the conduct constitutes an incurable nuisance and illegal activity under CCP §1161(4)
Under California Code of Civil Procedure §1161(4), a landlord may serve a 3-day notice to quit — with no opportunity to cure — when a tenant is committing or permitting a nuisance, committing waste, or using the property for an unlawful purpose. An illegal marijuana grow operation that causes structural damage and safety hazards satisfies all three grounds: it is an unlawful use of the premises, constitutes waste (structural damage), and creates a nuisance. Because these violations are incurable by nature, the tenant is not entitled to an opportunity to remedy the breach.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Contingencies are conditions written into a real estate contract that must be met before the transaction can close. If a contingency is not satisfied, the buyer can typically cancel the contract without penalty.
Contract termination occurs when a contract is ended or discharged, releasing both parties from their obligations. A contract can be terminated through performance, mutual agreement, operation of law, or breach.
A counteroffer is a response to an original offer that changes one or more terms of the offer, effectively rejecting the original offer and creating a new offer. The party who makes the counteroffer becomes the new offeror.
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