landlord tenant question about required notice before filing unlawful detainer action.

Question

Despite numerous complaints to the tenant, the tenant has allowed its dog to continue to defecate outside its unit to the annoyance of other tenants in other units and to the neighbors. In addition, the tenant has allowed water to flood at least 3 times to where it is entering the unit below, damaging the ceiling and risking electrical problems.  
What kind of notice do I need to give to terminate the lease ( before filing an unlawful detainer action on public health and safety grounds).  Do I even have to give a notice as there have been repeated violations in the past and it is not something that can be "cured" in any period of time? Can I just give a notice stating that I am terminating the lease based on the grounds above. I understand that the court might not accept my argument, but I would like to take the tenant to court as there is a good chance they won't contest.

Hasti Rahsepar · Answer

Hi:  
 
No you can't just terminate. You must first give a notice to cure the dog defecation with specifics as far as dates, witnesses. I also recommend taking pictures and video beforehand, during the notice period, and after. I would even suggest putting cameras in the common areas if you can, showing it is her dog and she/he  does not pick up after the dog. If you have other tenants with dogs, it is easy for her to blame others and hard to prove only from her.  
 
If the property is in city of Los Angeles, I recommend giving a notice to cure (official notice) and then a three day notice to quit if is affecting others because then deemed a nuisance. I would suggest contacting a legal professional to assist you with the notices as there are stringent statutory requirements depending in what city or county your property falls into.  
 
As for the flood, depending if easy to provde she caused it, and the damage still exists, then yes, you may be able to just give a 3 day notice to quit . Again, i would suggest though to contact a legal professional who specializes in this area.  
 
We can also assist you with such matters.

James L. Arrasmith · Answer

In general, landlords are required to give tenants notice before terminating a lease or filing an unlawful detainer action. The amount of notice required may vary by state and local laws, so it's important to check the specific requirements in your area. 
 
For issues related to public health and safety, the notice required may be shorter than for other types of violations. However, it's still generally advisable to provide written notice to the tenant of the violations and the landlord's intent to terminate the lease if the violations are not remedied within a certain period of time. 
 
If the violations are ongoing and cannot be easily remedied, such as in the case of repeated dog feces or flooding incidents, it may be possible to terminate the lease without providing the opportunity to cure the violation. However, it's important to consult with a lawyer to ensure that proper legal procedures are followed and to minimize the risk of a successful challenge to the termination in court. 
 
It's also important to keep in mind that terminating a lease and filing an unlawful detainer action should only be done as a last resort after other attempts to resolve the issue have failed. Communication with the tenant and attempts to resolve the issue through mediation or other methods may be a more effective and less costly option.

Q: landlord tenant question about required notice before filing unlawful detainer action.