A recent decision from the Appellate Department of the Los Angeles Superior Court (Chen v Kraft (2016) 243 CA4th Supp 13) allowed a landlord to evict a tenant for running a transient occupancy (short-term rental) business out of his residential rental unit in Los Angeles. If you read this case too quickly, you might think it applies to any situation in which a tenant runs a short-term rental business from an apartment in California. But not so fast!
We don’t yet have an officially reported case in California on whether a landlord has the right to get a court order declaring a lease terminated and evicting the tenant based solely on the tenant’s use of medical marijuana. And this complex question is made more unclear by the ongoing conflict between state and federal laws.
There’s been an earthquake, and an apartment building is red-tagged by the city or county because the utilities have been disconnected and the utility lines need repair; the landlord is dragging his feet about getting them fixed. What happens to the lease? And what about red tagging that follows complete destruction?
Some landlords just can’t let go; they pop into their rented premises unexpectedly under a misguided belief that it’s somehow their right as owner. Not so. A landlord’s right to enter premises occupied by the tenant is strictly circumscribed under California law. But unfortunately for tenants, redress for illegal landlord entry is hard to come by.