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  1. #1
    Join Date
    Aug 2009
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    4

    Default Can a Landlord Ban Alcohol, and then Evict You He Discovered You Were Drinking

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

    This is a portion of an ad I saw on Craigslist today:

    "Large 335 sf, with private bathroom room for rent. It's build like a mini studio style with private entrance and exit but without kitchen and laundry space, and It's for single person with no drinking, Drugs, or smoking and no pets. The room is separated from the main house"

    1. Can a landlord ban legal drinking in a unit a tenant is renting?
    2. If a person moved in, and the landlord spotted the person drinking a beer through a window or if the person answered the door holding a beer, what would a judge most likely do in the event the landlord tried to evict the tenant solely based the tenant's drinking of alcohol? Lets assume the tenant is old enough to legally drink and a "no drinking of alcohol in the unit" rule was added to the lease or rental agreement. Lets also assume the tenant has not caused any problems, and neither has his drinking. And since the room is separate from the house I don't think it would be the same legally as renting a room inside the house.

    Any ideas?

    Thx for any input
    Sean G

  2. #2
    Join Date
    Nov 2009
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    886

    Default Re: Can a Landlord Ban Alcohol, and then Evict You He Discovered You Were Drinking

    If the tenancy contract is ďat willĒ and month to month, or whenever the contract ends, the landlord does not need any reason at all to terminate the tenancy by serving a 30 day notice pursuant to Civil Code section 789. They can simply terminate at will just like an employer can also do as long as they do not cite a reason that discriminates against a protected class.

    Probably based on the adís wording the landlord would like a quiet tenant who will not invite people over for the purpose of getting drunk or high. If in doubt you can always ask, but itís not likely they are concerned about someone who does not drink to excess, and simply wants to relax with an alcoholic beverage.

  3. #3
    Join Date
    Oct 2016
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    4,301

    Default Re: Can a Landlord Ban Alcohol, and then Evict You He Discovered You Were Drinking

    Quote Quoting orbital
    View Post
    My question involves landlord-tenant law in the State of: California

    This is a portion of an ad I saw on Craigslist today:

    "Large 335 sf, with private bathroom room for rent. It's build like a mini studio style with private entrance and exit but without kitchen and laundry space, and It's for single person with no drinking, Drugs, or smoking and no pets. The room is separated from the main house"

    1. Can a landlord ban legal drinking in a unit a tenant is renting?
    2. If a person moved in, and the landlord spotted the person drinking a beer through a window or if the person answered the door holding a beer, what would a judge most likely do in the event the landlord tried to evict the tenant solely based the tenant's drinking of alcohol? Lets assume the tenant is old enough to legally drink and a "no drinking of alcohol in the unit" rule was added to the lease or rental agreement. Lets also assume the tenant has not caused any problems, and neither has his drinking. And since the room is separate from the house I don't think it would be the same legally as renting a room inside the house.

    Any ideas?

    Thx for any input
    Sean G

    1. YES
    2. You clearly haven't seen the actual unit so all of your guesses mean nothing.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Can a Landlord Ban Alcohol, and then Evict You He Discovered You Were Drinking

    Quote Quoting orbital
    View Post


    1. Can a landlord ban legal drinking in a unit a tenant is renting?
    Yes.

    Quote Quoting orbital
    View Post

    2. If a person moved in, and the landlord spotted the person drinking a beer through a window or if the person answered the door holding a beer, what would a judge most likely do in the event the landlord tried to evict the tenant solely based the tenant's drinking of alcohol? Lets assume the tenant is old enough to legally drink and a "no drinking of alcohol in the unit" rule was added to the lease or rental agreement.
    Note the bolded part. If it's in the lease and you signed the lease agreeing to its terms then, yes, you could be evicted even for one beer and the judge would have no choice but to enforce the terms of the lease that you agreed to. In contract law you don't get to agree to something and then renege without consequences.



    Quote Quoting orbital
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    Any ideas?
    Yes. Read and understand the lease and your obligations before you sign it and hand over any money.

  5. #5
    Join Date
    Jul 2018
    Posts
    2,745

    Default Re: Can a Landlord Ban Alcohol, and then Evict You He Discovered You Were Drinking

    Quote Quoting orbital
    View Post
    1. Can a landlord ban legal drinking in a unit a tenant is renting?
    If it's part of the lease, yes. It's no different than banning smoking or pets.


    Quote Quoting orbital
    View Post
    2. If a person moved in, and the landlord spotted the person drinking a beer through a window or if the person answered the door holding a beer, what would a judge most likely do in the event the landlord tried to evict the tenant solely based the tenant's drinking of alcohol?
    Assuming all of the appropriate procedures are followed, tenants get evicted for violating their leases. And, as noted in the first response, if the lease is not for a specified term, the tenant can be evicted at any time without cause.


    Quote Quoting orbital
    View Post
    Any ideas?
    If you're not willing to abide by a "no drinking" rule in the lease, then don't enter into the lease.

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