Nuisance

Nuisance-Type Conduct Used in Three-Day Unconditional

Statutory anchors:
Nuisance definition: Civ. Code § 3479.
UD ground for “nuisance / waste / unlawful use”: Code Civ. Proc. § 1161(4).

The entries below are limited to fact patterns discussed in published California opinions where the nuisance concept appears in the landlord-tenant / unlawful detainer setting (including Appellate Division “Supp.” decisions). A few items are “waste/filth” type conduct often pleaded alongside nuisance under § 1161(4) (included because you requested a “property damage” category). Each case citation is linked to a free source page containing the opinion text (or a full PDF opinion).

Noise / disturbance

#	Act / condition described as nuisance-type conduct in the UD context	Case (linked)
1	Loud and disruptive fights on the premises cited as nuisance grounds in a three-day notice / UD case.	Elmassian v. Flores, 69 Cal.App.5th Supp. 1 (2021)
2	Other domestic-violence-related incidents on the premises that disturb other tenants (treated as nuisance-type grounds in the UD setting).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
3	Domestic violence incidents on the property that disturb other tenants and interfere with “comfortable enjoyment” (nuisance theory in UD).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
4	Conduct on the property that is “injurious to” other tenants’ health/safety (described in the nuisance / UD framing).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
5	Unusual noises at night in a multi-tenant building alleged as “maintaining a nuisance” in a UD complaint.	Vargas v. Giacosa, 121 Cal.App.2d 521 (1953)
6	Disrupting other occupants with loud music (nuisance allegations in a landlord-tenant dispute that included a related unlawful detainer case).	Harris v. Rojas, 66 Cal.App.5th 817 (2021)
7	Creating “noise” conditions on the premises as part of nuisance allegations arising out of a tenancy dispute (with related UD proceedings).	Harris, 66 Cal.App.5th 817 (2021)
8	Creating “annoyance” conditions as part of nuisance allegations tied to a tenancy dispute (with related UD proceedings).	Harris, 66 Cal.App.5th 817 (2021)
9	Creating “crowding” conditions as part of nuisance allegations tied to a tenancy dispute (with related UD proceedings).	Harris, 66 Cal.App.5th 817 (2021)
10	Tenant/guest conduct that “disturb[s] the other tenants” (nuisance framing in the UD context).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)

Threats / harassment

#	Act / condition described as nuisance-type conduct in the UD context	Case (linked)
11	Threatening conduct occurring on the premises, discussed as part of the nuisance / UD dispute framing.	Elmassian v. Flores, 69 Cal.App.5th Supp. 1 (2021)
12	Harassing conduct occurring on the premises, discussed as part of the nuisance / UD dispute framing.	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
13	Conduct on the property causing another tenant to be “in fear” (fear-based interference consistent with nuisance theory in UD).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
14	Tenant and/or guest conduct described as “disturb[ing] the other tenants” (harassment-type interference in the UD nuisance framing).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
15	Tenant and/or guest conduct that interferes with other tenants’ “comfortable enjoyment” (nuisance framing in UD).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
16	Domestic-violence-related incidents on the premises discussed as nuisance-type grounds (acts “against” a tenant/occupant occurring at the property).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
17	Pattern of disruptive conduct by tenant/guests toward other occupants (described as part of nuisance eviction theory in the UD context).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
18	Conduct that “disturb[s] the other tenants” and/or interferes with their property interests (nuisance framing in UD).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
19	Sanitation-related harassment/distress in common areas: throwing garbage down a stairway in a multi-tenant building (pled as nuisance in UD).	Vargas v. Giacosa, 121 Cal.App.2d 521 (1953)
20	Sanitation-related harassment/distress: throwing garbage out the door in a multi-tenant building (pled as nuisance in UD).	Vargas, 121 Cal.App.2d 521 (1953)

Drugs / illegal activity

#	Act / condition described as nuisance-type conduct in the UD context	Case (linked)
21	Selling drugs on the premises (example of nuisance activity discussed in the UD nuisance context).	Elmassian v. Flores, 69 Cal.App.5th Supp. 1 (2021)
22	Tenant/guest “involvement in narcotics activity” on the property (described as part of nuisance eviction framing).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
23	Possession of narcotics inside the rental unit by a household member (used as the basis for termination/UD in public housing context).	City of S. San Francisco Hous. Auth. v. Guillory, 41 Cal.App.4th Supp. 13 (1995)
24	Four packets of narcotics found inside the unit (drug-related activity triggering eviction proceedings in a UD action).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
25	Keeping narcotics in the pocket of a jacket located inside the unit (specific drug-possession fact supporting eviction in the UD case).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
26	Storing narcotics in a bedroom closet inside the unit (specific drug-possession fact supporting eviction in the UD case).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
27	Drug-related criminal activity “on or near the premises” by a member of the household (lease-based grounds used in the UD case).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
28	Breach of lease provision requiring tenants to “assure” that household members do not engage in drug-related criminal activity on or near the premises (ground for termination/UD).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
29	Breach of lease provision requiring tenants to “assure” that persons under tenant control do not engage in drug-related criminal activity on or near the premises (ground for termination/UD).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
30	Drug-related activity discovered during a lawful law-enforcement search inside the unit (fact basis for eviction in the UD case).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
31	“Zero tolerance” drug policy in public housing lease invoked after narcotics are found in the unit (termination/UD enforced on stipulated facts).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
32	Drug possession by a household member triggering termination even where the tenants stipulated there was no evidence they knew or had reason to know (lease/UD enforcement issue discussed).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
33	Drug-related activity characterized as a serious safety threat in subsidized-housing eviction context, litigated through unlawful detainer proceedings (case discusses UD posture and drug-related facts).	Guillory, 41 Cal.App.4th Supp. 13 (1995)
34	Tenant/guest narcotics activity discussed as part of nuisance-type eviction framing (narcotics activity connected to the premises).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)

Parking / common-area interference

#	Act / condition described as nuisance-type conduct in the UD context	Case (linked)
35	Using other tenants’ parking spots without permission (example given for “interfering with other tenants’ property interests” in nuisance eviction context).	Elmassian v. Flores, 69 Cal.App.5th Supp. 1 (2021)
36	Interfering with other tenants’ property interests (nuisance framing in the UD setting; parking spot interference is cited as an example).	Elmassian, 69 Cal.App.5th Supp. 1 (2021)
37	Making unreasonable parking demands (nuisance allegations arising out of a tenancy dispute that included a related unlawful detainer case).	Harris v. Rojas, 66 Cal.App.5th 817 (2021)
38	Throwing garbage out the door in a multi-tenant building (common-area sanitation interference alleged as nuisance in UD).	Vargas v. Giacosa, 121 Cal.App.2d 521 (1953)
39	Throwing garbage down the stairway (common-area sanitation interference alleged as nuisance in UD).	Vargas, 121 Cal.App.2d 521 (1953)
40	Maintaining nuisance conditions that cause distress to other tenants in shared/common areas (sanitation and disturbance pleaded in UD).	Vargas, 121 Cal.App.2d 521 (1953)
41	Maintaining a nuisance on the premises “causing damage … to other tenants” (UD complaint allegation describing tenant-to-tenant impacts).	Vargas, 121 Cal.App.2d 521 (1953)
42	Maintaining a nuisance on the premises “causing damage … to the property” (UD complaint allegation describing property impacts).	Vargas, 121 Cal.App.2d 521 (1953)

Property damage / filth / waste-type conditions

#	Act / condition described as nuisance-type conduct in the UD context	Case (linked)
43	Punching holes in walls (property damage described as part of nuisance allegations in a tenancy dispute with related UD proceedings).	Harris v. Rojas, 66 Cal.App.5th 817 (2021)
44	Keeping the premises dirty (filth/unsanitary conditions described as part of nuisance allegations tied to tenancy dispute with related UD).	Harris, 66 Cal.App.5th 817 (2021)
45	Keeping the premises unwholesome (unsanitary condition described as part of nuisance allegations tied to tenancy dispute with related UD).	Harris, 66 Cal.App.5th 817 (2021)
46	Creating “filth” on the premises (filth/unsanitary condition described as part of nuisance allegations tied to tenancy dispute with related UD).	Harris, 66 Cal.App.5th 817 (2021)
47	Damage to the rental property pleaded alongside nuisance in a UD complaint (property-damage/waste-type allegation in UD).	Vargas v. Giacosa, 121 Cal.App.2d 521 (1953)
48	Damage to other tenants pleaded alongside nuisance in a UD complaint (tenant-to-tenant damage alleged in UD).	Vargas, 121 Cal.App.2d 521 (1953)