California Real Estate Practice Exam

An unlawful detainer action may be filed by a landlord in all but one of the following situations. Which is it?

1. Tenant breaches lease by permitting nuisance on the property.

2. Tenant exercises lease option agreement but fails to make payment as required.

3. Tenant fails to pay rent.

4. Tenant holds over after termination of lease.

The correct answer is: Tenant breaches lease by permitting nuisance on the property.

The situation in which an unlawful detainer action cannot be filed pertains specifically to the nature of the violation. Unlawful detainer actions are typically initiated to recover possession of a property when a tenant violates the terms of a lease or rental agreement, primarily related to payment issues or unauthorized occupancy. In this context, when a tenant breaches a lease by creating a nuisance, while it is a serious violation, it involves proving the nuisance aspect, which may require a different approach such as an eviction process based on actual damage or harm caused by the nuisance before a formal unlawful detainer can proceed. Conversely, the other scenarios described—such as failing to pay rent, holding over after a lease termination, or defaulting on payment for exercising a lease option—fall directly into breaches that straightforwardly support unlawful detainer actions. These situations are more clear-cut in terms of legal grounds for eviction, making it easier for a landlord to initiate such proceedings. Thus, the correct answer identifies a situation where unlawful detainer may not be the immediate recourse available to a landlord.