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Re: No security lights a defense for eviction?
by Daniel (CA)
on June 8, 2012 @18:13
First, you should not be a landlord in California without having this book: The California Landlord's Law Book from www.nolo.com.
In this book, they explain that it is far better to process a non renewal than an eviction that is based on some breach of tenancy. Primarily, since you do not need a reason to evict/non renew.
But if this tenant is not paying rent , then this alone is reasonable to go forward with an eviction based on nonpayment of rent.
My opinion as a LL is that NO, this is not a defense for being evicted, but of course it would be prudent to consult an attorney. Is there anything in writing that the tenant raised as an issue regarding the security light ? a city complaint, housing violation complaint? If the answer is no, then you should file an eviction before they do , otherwise they might get harassment protection if they do file a complaint. Which I donít think this complaint would find any validity.
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