Q: My tenant is on a month-to-month tenancy and has unauthorized occupants in the property. What is the best means for me to address the issue?

A: If you had just asked about the unauthorized occupants, then the answer would be to serve the residents with a 10-day noncompliance notice. The resident would have 10-days to cure the violation, and if the violation continued after 10 days, then you could file an eviction. These evictions are always complex though, as you are forced to prove that they have an unauthorized occupant in the property. That often comes down to a he-said she-said case or depends on what proof you can find in the house. Here, since it’s a month-to-month tenancy, you should also serve a 30-day notice to terminate their lease. That way, you don’t have to worry about the he-said she-said case.

by Mark B . Zinman, Attorney