Illegal Apartment Eviction (Los Angeles: lease, how much, month to)

[Straub]

Hi all,

I am new to this forum, but I wanted to reach out for some advice and help.

I have been living in my apartment for over a year and a half now, and recently I was told by my landlords that they want me to move out. The reason being, one of their fathers had fallen down the stairs and cannot take care of themselves. So the father has been living with them, and it has complicated their daily life. They essentially want to kick me out and move their father into my unit, which is on the first floor of a 2-story unit. I love my apartment and I really dont want to move out, but I've done some research and it looks like its legal for them to evict me for their parents occupation, as long as they file a Declaration of Intent for Owner/Family Occupancy and provide relocation fees.

However, that being said, today I called the Los Angeles Housing + Community Investment Department, and they told me the unit I am living in is an illegal dwelling spot with unapproved conversions. They said since it's an illegal apartment, they cannot legally evict me and techichally they should not be collecting rent.

As of now I'm really sure what to do. The landlords are waiting for my response, and are asking how much time I need to find a new place. They said they could help with the move, but I don't think they are talking about relocation fees. If I can, I would like to stay here, but I'm unsure if it's legal to stay in a illegal apartment.

Any advice or insight to this would be very helpful.

Thanks

[ryanms3030]

you should start looking for a new place

[TravelingBoat]

Originally Posted by Straub

they told me the unit I am living in is an illegal dwelling spot with unapproved conversions. They said since it's an illegal apartment, they cannot legally evict me and techichally they should not be collecting rent.

If you wanted to play hardball you could refuse to move out, make them evict you, then lawyer up on contingency, sue and then expect to collect about $10,000.

[Harpaint]

Start looking for a new place. Come up with a fair relocation fee and talk to them about it. Get it all in writing.

[SportyandMisty]

How much notice are they giving you? It sounds like they are trying to be reasonable -- the explanation is reasonable, and they are not trying to be dicks about it. Just be nice and work with them.

[ryanms3030]

Looking around forums it seems like most people in same situation have been able to get $10k out if the landlord. I'd start negotiations there and look into a lawyer in case

[Straub]

Hi all,

Many thanks for the responses.

Since our contract states that after 1 year, the lease turns into a month to month contract, am I still entitled to a relocation fee? A written eviction notice has not been sent and everything has only be verbally stated as of now. If respond back and try to negotiate a relocation fee, couldn’t they technically just give me the 60 day notice to evict and not have to pay the relocation fee?

Not really sure what part the illegal dwelling falls into all of this.

[ryanms3030]

Originally Posted by Straub

Hi all,

Many thanks for the responses.

Since our contract states that after 1 year, the lease turns into a month to month contract, am I still entitled to a relocation fee? A written eviction notice has not been sent and everything has only be verbally stated as of now. If respond back and try to negotiate a relocation fee, couldn’t they technically just give me the 60 day notice to evict and not have to pay the relocation fee?

Not really sure what part the illegal dwelling falls into all of this.

based on quick 5 minute research I did online you can't legally have a lease or contract with the landlord since the dwelling is illegal. If you report them they will have to bring the place up to code which will likely be much more then $10k and they can't evict you since you are in an illegal dwelling. So them giving you $10k is reasonable since it will be the cheap way out for them. Depending on how much your moving costs are and how much you need to put down on a new place (first month and deposit etc) then you could easily be out several thousand which should't be your responsibility. If I was you I'd just find a good lawyer that handles these things and preceding from there. If they get a max payout for you it will be well worth their fees.

[streetscenes]

Originally Posted by SportyandMisty

How much notice are they giving you? It sounds like they are trying to be reasonable -- the explanation is reasonable, and they are not trying to be dicks about it. Just be nice and work with them.

I agree with this. They have a legitimate reason to ask you to leave and if you are on month to month all they have to do is give you notice. Work something out with the landlord and move on with your life. No need for bad karma.

[Harpaint]

I doubt that they would give you any more than 2 months rent in relocation. And maybe nothing if you were to ask for 10K! After all, they aren't breaking a contract or anything.