Does the landlord have grounds to evict us for throwing a party without notifying management?

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Does the landlord have grounds to evict us for throwing a party without notifying management?

It is stated in the lease that we must notify management if we are throwing a party, however this was a closed event and only close friends were invited (birthday party). The same night, neighbors reported their patio furniture stolen, told management that we threw a party and that it was probably our fault. They have nothing but circumstantial evidence, although according to the neighbor there were people going in and out of our party. These were not our guests and were actually rowdy people that showed up without an invite and refused to leave. Landlord says we are in danger of eviction.

Asked on March 13, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Tenants can be evicted for violating lease provisions, such as a provision requiring managment notification before throwing a party. (If the lease doesn't distinguish between "closed events" and other parties, then the fact that it was a closed event does not matter.)

However, for eviction for violation of a lease, the tenant must typically be given a notice to cease--that is, a notice to stop the violation--first; then eviction can follow if the tenant violates again. Therefore, it is unlikely you can be evicted for this party, but you are in substantial risk of eviction for the next one.


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