Landlord Doesn't Have Constitutional Right to Evict Non-Resident Tenant

摘要

A landlord does not have a constitutional right to evict a nonresident tenant without regard to local rent control law, ruled the California Court of Appeal, Second District, Division 1. (Borten v. Santa Monica Rent Control Board, No. B181840, 2006 WL 2337594 (Cal. App. 2 Dist.), August 14, 2006) In 1995, Lisa Borten, the owner of an apartment building in Santa Monica, leased a unit to Patricia Lard, who lived primarily in Texas. The apartment was subject to the Santa Monica rent control law, and in 2001, Borten filed a declaratory relief action against Lard, claiming that she was a nonresident tenant and not entitled to the protection of that law.