Caught my tenant running an Airbnb out of my rental property - what are my eviction options in California?

On mobile so apologies for formatting. I own a 2BR condo in San Jose that I rent out for $3,200/month. The lease explicitly prohibits subletting and short-term rentals. My neighbor in the building texted me saying there have been "different people coming and going every few days" for months.

I checked Airbnb and sure enough - my tenant has my condo listed at $189/night. The listing has been active since March and has 23 reviews. He's been making probably $4,000-5,000/month off my property while paying me $3,200.

The lease clearly says "No subletting or assignment without written consent" and "Property shall be used for residential purposes only, not for commercial use including short-term rentals."

What are my options here? Can I evict him? Can I sue for the profits he made?

Final Update - Thread Officially Resolved!

Wanted to formally close out this thread with a final summary now that some time has passed and everything is settled.

Summary of Resolution:

• Settlement reached: $5,000 payment from tenant plus voluntary vacate by October 31, 2023
• New tenant in place since November 2023 at $3,400/month (up from $3,200)
• No eviction filing was necessary - negotiated exit saved significant time and legal fees
• Total timeline from discovery to resolution: approximately 3 months
• New tenant has been excellent - pays on time, no issues whatsoever

What worked: Immediately screenshotting all Airbnb listing evidence (23 reviews with dates), checking San Jose's STR database to confirm no permit, consulting an attorney early, sending a multi-pronged approach (3-day notice + HOA violation notice + demand for profits), and being willing to negotiate rather than insisting on full court battle.

Big thanks to @jurys_out_1, @help_pls_urgent_11, @Kim_87_6, @deskjockey_11, @zach_m_13, and everyone else who shared advice and experiences. This thread helped me understand my options and make smart decisions.

Key lessons for other landlords:

1. Screenshot everything immediately - listings can disappear fast once tenant realizes they're caught
2. Check local STR ordinances and HOA CC&Rs for additional leverage
3. Understand that unauthorized subletting is usually "curable" in California - plan accordingly
4. Consider negotiated exits - eviction is expensive and time-consuming
5. Disgorgement of profits IS possible via small claims or civil court
6. Add explicit Airbnb/STR prohibition language to future leases

For tenants reading this: Traditional subletting (temporary, one person, with permission) is protected under CC 1995.260 if landlord unreasonably refuses. But running an Airbnb business is completely different - that's commercial activity that violates most leases and is not protected.

Marking this thread as RESOLVED. Good luck to everyone dealing with similar situations!