Landlord is Evicting Me For “Alterations” - Rent Controlled RSO Property Los Angeles (real estate)

[jt0627]

So long story but I have been living at a rent controlled building in LA City for 12+ years and it was bought two years ago by a shady owner who walks the property daily and tries to buy old tenant such as myself out to jump the value of his property.

I requested the carpet in my unit to be replaced in October due to many tears, stains, and lifting nails as the carpet was not new when I moved in 12+ years ago and was having severe allergies in addition to the dilapidated carpet…they ignored me for 2 months to which I already had a flooring vendor replace my flooring due to the allergies…when the owner responded they said they would only “stretch” my soiled and long past its useful life carpet.

My kitchen was also in disarray and a few months later instead of asking the landlord to repair cabinets as I know he would ignore the request in hopes I move out, I replaced them with a licensed contractor in which the owner caught wind and gave a 3 day notice to return the unit to original condition which was not possible.

For perspective, I pay $2000/mo and my neighbors $4500 for the same renovated unit and mine is now considered renovated with new flooring and cabinets so landlord is trying to use alterations clause in lease to evict me, jump the rent 2.5x, and capitalize on my maintenance and improvements of their unit which I have not even asked to be reimbursed for yet.

I’ve been told that this will not hold up in court if a jury is demanded but still concerned that the landlords attorneys will try and play dirty to make us look like bad tenants although we have always paid rent on time during our entire tenancy, have take care of our apartment and never once have had a complaint against us…we look after the building as long standing tenants and we are well respected within the building.

Is this something a landlord might succeed in evicting us based on this blatant bad faith complaint or we should be successful retaining an attorney and going through a jury trial?

Any input or feedback would be greatly appreciated, thanks in advance

[suzy_q2010]

Is this something a landlord might succeed in evicting us ...

What does your written lease say about alterations? If it says do not do it without your landlord's permission, yes you can be evicted. It is not your property, and your choice of materials might not be what the landlord would have chosen.

[capoeira]

Originally Posted by jt0627

I requested the carpet in my unit to be replaced in October due to many tears, stains, and lifting nails as the carpet was not new when I moved in 12+ years ago and was having severe allergies in addition to the dilapidated carpet…they ignored me for 2 months to which I already had a flooring vendor replace my flooring due to the allergies…when the owner responded they said they would only “stretch” my soiled and long past its useful life carpet.

My kitchen was also in disarray and a few months later instead of asking the landlord to repair cabinets as I know he would ignore the request in hopes I move out, I replaced them with a licensed contractor in which the owner caught wind and gave a 3 day notice to return the unit to original condition which was not possible.

Replacing that stuff was a mistake. You could have cleaned the carpet or put a rug over it. Hopefully you took "before" pics to document the shabby condition.

Originally Posted by jt0627

Is this something a landlord might succeed in evicting us based on this blatant bad faith complaint or we should be successful retaining an attorney and going through a jury trial?

https://www.latimes.com/california/s...rotection-laws

"Landlords will no longer be allowed to evict tenants from any rental property, including single-family homes, unless there was unpaid rent, documented lease violations, owner move-ins or other specific reasons. The city’s Housing Department lists the allowed “at-fault” and “no-fault” legal reasons for eviction. Landlords will also have to pay relocation assistance to tenants if the eviction is for “no-fault” reasons."

Here is "a list of reasons for which a tenant could be evicted and the tenant would be considered at-fault".

https://housing2.lacity.org/rental-p...viction-owners

Here is an LA city document about relocation payments for the tenant.

https://housing2.lacity.org/wp-conte...ce-English.pdf

The question is if your improvements qualify as damage for a just cause eviction. I recommend consulting an attorney for a definitive answer to this.

[CALGUY]

A rental agreement is a binding, legal contract, between tenant and property owner.
Most contracts list "no alterations without owner's written approval".
Getting a lawyer would be a waste of time and money.
The landlord is within his/her rights to evict you if the "no alterations" clause is included in the rental agreement.

Your defense in a trial would be, the landlord never fixed problems when they arose, so I had to do them on my own.
That defense may hold up in court IF you had informed the landlord in writing, that repairs were needed.
Also, if the landlord refused to make repairs, you would need proof(pictures) of the items that needed repair or replacement, before replacing them.

If I were judging this case, and you offered no proof of the repairs that needed to be done, and a written letter to the landlord requesting repairs was non existent, I would rule in favor of the landlord because of the violation of the rental agreement.
Your recourse at the time would have been to move out, once you saw the repairs were not being addressed.
Now, the court will decide that recourse, and more than likely it will be in favor of the landlord.

[capoeira]

Originally Posted by CALGUY

The landlord is within his/her rights to evict you if the "no alterations" clause is included in the rental agreement.

Possibly not in Los Angeles with the new renter protections.

https://clkrep.lacity.org/onlinedocs...37_1-27-23.pdf

"An ordinance adding Article 5 to Chapter XVI of the Los Angeles Municipal Code
prohibiting terminations of tenancies without just cause and requiring relocation
assistance for no-fault evictions"

The question is would the improvements constitute damage to the rental unit. It does not sound like damage. It sounds like the landlord is illegally trying to force you out of a rent controlled apartment. If you do move involuntarily you may be entitled to a relocation payment of $12,950 from the landlord. If you are over 62 that payment could be $24,650. See the link in my previous post.

I suggest contacting the LA city housing dept. This link also has info on legal aid for tenants.

https://cityattorney.lacity.gov/tenant-protections

[CALGUY]

Whether the improvements were beneficial to the unit has no bearing on the "no alterations clause" which is in most rental agreements.
The tenant in this case has altered the conditions of the unit by replacing carpet and cabinets in the kitchen.
Perhaps the owner does not like the color or material of the carpet.
Perhaps the cabinets are also a color and style the owner does not like, or want.
The owner of the unit has a right to decide how the unit shall look.
It is still the owner's property.
Making unauthorized changes to a rental unit, by a tenant ,is in direct violation of most, if not all, rental agreements, and is cause for eviction, without any relocation assistance.

[katharsis]

My sympathies are entirely with the OP.

One more reason why I think that anyone who rents an apartment for any longer than they need to do is "nuts" -- or at least in high demand real estate and rental markets.

This is just personal opinion, of course, but I would rather have $2,,000 monthly mortgage payment on a "dated" 25-year-old home than pay $1,500 a month rental on an apartment, even if it was new.

[CA4Now]

Originally Posted by katharsis

I would rather have $2,,000 monthly mortgage payment on a "dated" 25-year-old home than pay $1,500 a month rental on an apartment, even if it was new.

The problem is that since around 2019, the average mortgage in L.A. is far more than $ 2k. Renters can't afford this, not to mention the down payment on a home in L.A.

[AnythingOutdoors]

You replaced the cabinets?! That's rather extreme. I doubt you'll be able to defend this in court.

[vincenze]

The keyword is "mold".

You say that you had allergies due to heavily infested carpets and cabinets. It seems that you landlord has ignored requests to do any maintenance, including water facets. Mold appears quickly in such conditions.

But you should've filed a report first.

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Here is the law section for "repair and deduct"
https://leginfo.legislature.ca.gov/f...2.&lawCode=CIV