Can I Evict a Subtenant for Having Drug Paraphernalia

My question involves landlord-tenant law in the State of: California

I found drug paraphernalia in my roommate's room. It was in plain sight and the door was open. I followed my cat in and saw the stuff.

Can I give him a 72 hour notice for being involved in illegal activities? He refused to take a drug test. When he moved in about 18 months ago, he was on probation and was being drug tested twice a week and randomly if he was called in by his probation officer. He is now off probation.

Do I need to? I was told by a police officer that I talked to about the drug paraphernalia that a sub-lease was illegal and therefore he isn't protected by law.

I am the Master Tenant. He has paid rent to me. He and I have a verbal agreement.

Thanks in advance for any help.

What was the paraphernalia?

There was a half straw and a paper clip holder for inhaling cocaine. Also found about a joint worth of marijuana - which in CA means almost nothing.
I did tell him when he moved in that there were no drugs allowed. I know I can give him 30 days notice, I was just hoping I could get him out faster.

The phrasing of the conditions for 72 hour notice is in part 'Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.' (from the CA Dept. of Consumer Affairs website).

I'm not sure that my belief he's using drugs - I haven't witnessed him using nor have I found what the police officer referred to as 'a usable amount', which he could be arrested for possessing - counts as proof.

thanks.

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Quoting Catrin

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There was a half straw and a paper clip holder for inhaling cocaine. Also found about a joint worth of marijuana - which in CA means almost nothing.

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If it "means nothing" you might be on thin ice for termination of tenancy.

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Quoting Catrin

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I did tell him when he moved in that there were no drugs allowed. I know I can give him 30 days notice, I was just hoping I could get him out faster.

The phrasing of the conditions for 72 hour notice is in part 'Engaged in drug dealing, unlawfully used, cultivated, imported, or manufactured illegal drugs.' (from the CA Dept. of Consumer Affairs website).

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I suggest you read the actual statute and don't rely on any "guide."

http://www.leginfo.ca.gov/cgi-bin/di...le=1940-1954.1

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Quoting Catrin

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I'm not sure that my belief he's using drugs - I haven't witnessed him using nor have I found what the police officer referred to as 'a usable amount', which he could be arrested for possessing - counts as proof.

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You can certainly try the 72 hour notice but, if he balks, you'll have to either give him the 30 day notice or file for eviction in court.

On the other hand, if you really want him out fast call the probation office and get him violated. It probably takes a lot less to do that than it takes to get him charged with a new crime.

Thanks AdjusterJack for the link to the statute.

I'm going with the 30 day notice. Hopefully I don't have to file in court. I did that process once before and it was pretty nerve-wracking.

If he was still on probation, I would have called his probation officer. That would have been a very fast, very easy solution.