No Rental Receipts from Landlord Can I be Evicted? (Los Angeles: apartments, eviction)

[samspalmer]

My landlord has never given us a rental receipt, and only accepts cash.

We were also never given a rental agreement.

Now he wants to raise the rent and I've refused, so he's served us with a three day notice.

Can he evict us?

The property is in his wife's name.

The property is cottage style, meaning, everyone on the property has their own little building.

Do I have any recourse to block an eviction?

I was on State Disability due to depression and am currently taking medication, can I submit that to the court to avoid eviction?

Can I hire a building inspector to initiate or, reporting him to the housing department for renting after he's designated the property as something other than what he's using it for to avoid paying taxes?

Pretty sure he's money laundering and has a medical clinic that engages in medicare fraud as well.

Thanks in advance.

[SandyCo]

The landlord has the right to raise the rent. There may be limitations on how often and by how much, depending on whether or not you're under rent control.

The City of Los Angeles is under rent control, but only for buildings (apartments, duplexes, but not single family homes) with a certificate of occupancy on or before October 1, 1978. Every year the Rent Board Stabilization decides how much the rent can increase; this is always between 3% and 8%, and it goes from July 1st through June 30th of the following year.

Otherwise, if your building is not rent controlled, the landlord has to give a written 30-day notice to increase the rent up to 10%. If the rent increase is 10% or more within a 12-month period, the landlord has to give a written 60-day notice under California law. However, there is no limit on how much your rent can increase.

For your own protection, you should have gotten receipts if you're paying rent in cash. This could become a "who said what" argument in court, and I don't know if you'd win.

You can find more information here:

RSO Publications and Forms

http://www.dca.ca.gov/publications/l...des/lt-2.shtml

I also found this regarding evictions:

http://homeguides.sfgate.com/can-lan...nia-49395.html

[Fontucky]

Originally Posted by samspalmer

My landlord has never given us a rental receipt
We were also never given a rental agreement.

That's your fault for not insisting.

[samspalmer]

Originally Posted by SandyCo

The landlord has the right to raise the rent. There may be limitations on how often and by how much, depending on whether or not you're under rent control.

The City of Los Angeles is under rent control, but only for buildings (apartments, duplexes, but not single family homes) with a certificate of occupancy on or before October 1, 1978. Every year the Rent Board Stabilization decides how much the rent can increase; this is always between 3% and 8%, and it goes from July 1st through June 30th of the following year.

Otherwise, if your building is not rent controlled, the landlord has to give a written 30-day notice to increase the rent up to 10%. If the rent increase is 10% or more within a 12-month period, the landlord has to give a written 60-day notice under California law. However, there is no limit on how much your rent can increase.

For your own protection, you should have gotten receipts if you're paying rent in cash. This could become a "who said what" argument in court, and I don't know if you'd win.

You can find more information here:

RSO Publications and Forms

Rent Increases: Basic Information for Tenants: Legal Guide LT-2 - California Department of Consumer Affairs

I also found this regarding evictions:

Can Landlords Issue Eviction Notices Without a Written Contract in California? | Home Guides | SF Gate

@Sandy

Thanks for the info.

Any idea if I have any recourse if there is no Declaration of Registration nor has complied with the Rent Stabilization Ordinance on the property?

Pretty sure the landlord isn't claiming the property as rental units with the city or the IRS.

[samspalmer]

Originally Posted by Fontucky

That's your fault for not insisting.

I know Font, live and learn.

[nightlysparrow]

Originally Posted by samspalmer

Any idea if I have any recourse if there is no Declaration of Registration on the property? Pretty sure the landlord isn't claiming the property as rental units with the city or the IRS.

How Do You Report Suspected Tax Fraud Activity?

[CALGUY]

Where you stated "everyone has their own little building", that tells me there are at least three houses on the lot, which would put it under rent control.
You don't have a leg to stand on regarding the rent increase, unless it is more than the three percent rent control allows.
If the increase is within the guidelines set up by the rent stabilization board, either you accept it or move.
It is just that simple.
This business of turning him in to some city department is futile at best.
Judges don't want , and in fact won't listen to this nonsense of this sort from a tenant.
Early on in my career in property management, as a learning tool, I spent many hours in courts downtown listening to landlord, tenant disputes.
I can't count the times tenants brought up something that had absolutely nothing to do with why they were not paying rent.
More often than not, unless the tenant could prove a health hazard existed, the judge would not even discuss the allegation put fourth by the tenant.
Now, back to your case.
Just because there is no rental agreement,doers not mean the rent can't be raised (within guidelines).
Your health condition has absolutely no bearing on your ability to pay a rent increase, nor is it a reason for a judge to deny a rent increase.
My advice, insist on a written rental agreement, then pay your rent, and get a receipt for what you pay.
Your only other choice would be to move.
Bob.

[California Vagabond]

If you're in Los Angeles, you also could take in one of Coalition for Economic Survival's free tenants rights clinics, which include one on one counseling with an attorney.

CES Tenants' Rights Clinic

I suggest arriving at least a half hour early.