§3.04 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) 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.

A “nuisance” is defined as an act that is injurious to health 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; H&SC §§11571.1 et seq.] A nuisance also includes committing an offense involving the unlawful possession or use of illegal weapons or ammunition, or use of the premises to further that purpose, which may form the basis of an unlawful detainer action brought by the city attorney or prosecutor in designated pilot courts. [CC §3485(a), (f).]

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