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3 Day Notice to stop disturbing other tenants

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sefnfot

Member
What is the name of your state? CA

I served Tenant A a 3-Day notice: to conform to the lease that requires her not to disturb other tenants during an ongoing situation/ dispute between another tenant (Tenant D).

Tenant A hired painters without landlord authorization to come on Sunday, February 17. these painters painted the floor area in front of her unit and started work at 7 AM.

Is this reason to evict in lue of what has been going on?

[
Bottom Unit Complains about noise from Top Unit

Tenant E is complaining of noise coming from the above tenant’s apartment (tenant A) at late hours at night. Tenant E being woken up from sleeping pills induced sleep at 3 AM multiple times. How do I deal with this? Tenant E also found out that tenant D left because of same reason.

(However, tenant D and A had a seperate dispute regarding a shared double space garage. So it was assumed that any noise coming from tenant A’s apartment was just exasperating the friction.)

But now out of the blue, tenant E is complaining about the pacing at night or is unsure what the reason of the noise is about.

What do I do? How do I verify the noise? They are both 1 bedroom units. They are both single nice and pleasant ladies.
[ - more background info- ]
Tenant A has lived in Unit 2 since 2003 this is a second floor unit with hardwood floors.
Tenant B has lived under this unit: unit 1 from 2000 till 2006 (no complaints against above tenant)
Tenant C lived in unit 1 from 2006 through 5/2007 (no complaints against above tenant)
Tenant D lived in unit 1 from 7/2007 through 10/2007 And I allowed her to break her lease and move.
Current tenant E moved in 12/2007
 


sefnfot

Member
The chronology is meant to show that the previous tenants didnt have a problem with the above tenant. While the 2 most recent did.
 

sefnfot

Member
would it be considered reposting if i ask this question again in a clearer way that will get more responses?
 

petersondm1

Junior Member
you'll have a hard time evicting on that, might be better to document. If the offending resident is not on a lease with an expirations date in the future give 30 days to terminate residency, keep in mind that the notice has to end at the end of a rental period so you have to issue it at the begining of the month (your state may require only 20 days to terminate see below)
If they are on a lease with a month or 2 left issue the notice to terminate the first day of theur 12th month.

If your state requires 20 days to terminate this works in your favor - you can accept rent by the 5th, make sure it clears them issue the notice.

Once you issue the notice DO NOT accept any payments after that. If they dont leave within the required time you can evict through courts and the documentation will help. Google "California Landlord Tenant Laws" and you'll find the statutes to note on your forms.
 

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