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Old 06-06-2010, 04:33 PM
 
Location: Los Angeles
4,794 posts, read 6,965,465 times
Reputation: 6394

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"OP" means original poster( the one that started the thread).
What you should do now is do everything legally.
First,contact the city building and safety dept. (sometimes called code enforcement)
Tell them you need an inspector to come out and tell you what you need to do structually to bring the building up to code.
He or she will issue you a report in about a week.
You will be given some time to do all the work necessary, but that time is determined by the amount of work needed to bring it up to code.
More than likely you will need permits to do some of the work, and this could involve using a licensed contractor.
The contractor can pull the necessary permits.
If you fail to have it finished in the allotted time, you will be issued a "notice to comply" stating you did not comply with the original order.
At this point you can ask for an extention, but it won;t be a whole lot more time, perhaps a couple of weeks.
Before work starts,depending on just whhat needs to be done, you may have to move all tenants out temporarilly at your cost.
Once work is completed, you need to makean appointment with the code enforcement to re-inspect the property.
If it passes, you can move the tenants back in, or if they don't want to move back, advertise for a new tenant.
The only other option you have is to not rent out the unit at all.
Those are your only options, short of selling the units.
Bob.
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Old 09-19-2010, 05:33 PM
 
Location: East Bay, Ca
2 posts, read 3,222 times
Reputation: 10
Update??
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Old 09-19-2010, 06:10 PM
 
Location: Dalton Gardens
2,798 posts, read 5,378,097 times
Reputation: 1575
In a court of law you both lose. The tenant has no legal lease and the landlord rented out an illegal property. You both need to suck up the costs and cut your loses.

I know this is going to sound funny, but I heard a case EXACTLY like this one on one of the court television shows and it involved a landlord and tenant in California.
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Old 10-18-2010, 10:55 PM
 
3 posts, read 20,640 times
Reputation: 10
Since this case is now in litigation (Where else was it going), I can't comment at this time. At the end of it all, I'll update the whole sordid tale. The things that I've found out...

I saw that one on the TV that the last post references. It's on youtube. Plus I saw another one a lot like it on "The People's Court" just two weeks ago.
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Old 10-19-2010, 02:09 AM
 
Location: Coachella Valley, California
15,543 posts, read 35,721,699 times
Reputation: 13133
Quote:
Originally Posted by notaslumlord View Post
Here's my situation:

We (my parents) rent many apartments in a few older homes we own in a small coastal community, about 250 miles from where we live. They have me handle all of the business matters regarding these properties.

After a tenant in one property complained about a nuisance on that property, I moved him into an illegal unit (not zoned, a few habitability issues) on another property which ended his complaints. The tenant is on a month-to-month oral agreement, as I prefer not to have any written leases.

This tenant was a good tenant for over two years in the new "illegal unit" place. Recently, a water main broke in the ceiling and flooded the apartment. He called me immediately, but I was busy and was unable to get back quickly. I told the tenant to solve the problem as best as he could, and send me the bills.

Now, it is a month later and I have received bills for over $2,000! I am pretty sure that the damage could have been repaired for at least $1,500.00. However, my work prevented me from making an inspection of the property. I called the tenant and demanded that he pay the extra $500.00 to me, or I would be raising the rent! The tenant disagreed, but he did pay the $500.00 to stop me from raising the rent!

However, I just can't sleep over this issue. The tenant really took advantage of my kindness in this situation, and I just want him out and never have to talk to him ever again. So, I posted a "60-day notice to vacate" on his door and sent him an e-mail.

Now the tenant has discovered that A.) The unit is illegal and B.) contains lead-based paint and some small mold. He now says that he can "sue for back rent" but that he doesn't want to. He "only" wants me to spend $4,000 on these habitability issues, and then allow him to stay!

How do I easily and cheaply get him out? I just want my property back!

Two further points that have me worried:

1.) I've lost my paperwork, and can't remember how much he has paid me in rent or if I even have a security deposit. It's not like I can just ask the Tenant anymore, is this a big problem or not?

2.) The Tenant doesn't really have an address. He lives below a three-bedroom apartment that I also rent out. I'm curious; how do I serve him a summons at that address? Do I have to involve the rent-paying tenants upstairs?



Thank you sincerely for any help that you might be able to give.

-I am not a Slumlord!
What are you thinking???!!! Per the Statute of Frauds a lease must be in writing! Good luck finding a judge who is going to enforce your "oral lease", or your notice to vacate or any of that! Please tell me how you figure you even have standing to have him served with a summons???
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Old 10-19-2010, 11:23 AM
 
898 posts, read 1,246,928 times
Reputation: 1007
Quote:
Originally Posted by notaslumlord View Post
Here's my situation:

We (my parents) rent many apartments in a few older homes we own in a small coastal community, about 250 miles from where we live. They have me handle all of the business matters regarding these properties.

After a tenant in one property complained about a nuisance on that property, I moved him into an illegal unit (not zoned, a few habitability issues) on another property which ended his complaints. The tenant is on a month-to-month oral agreement, as I prefer not to have any written leases.

This tenant was a good tenant for over two years in the new "illegal unit" place. Recently, a water main broke in the ceiling and flooded the apartment. He called me immediately, but I was busy and was unable to get back quickly. I told the tenant to solve the problem as best as he could, and send me the bills.

Now, it is a month later and I have received bills for over $2,000! I am pretty sure that the damage could have been repaired for at least $1,500.00. However, my work prevented me from making an inspection of the property. I called the tenant and demanded that he pay the extra $500.00 to me, or I would be raising the rent! The tenant disagreed, but he did pay the $500.00 to stop me from raising the rent!

However, I just can't sleep over this issue. The tenant really took advantage of my kindness in this situation, and I just want him out and never have to talk to him ever again. So, I posted a "60-day notice to vacate" on his door and sent him an e-mail.

Now the tenant has discovered that A.) The unit is illegal and B.) contains lead-based paint and some small mold. He now says that he can "sue for back rent" but that he doesn't want to. He "only" wants me to spend $4,000 on these habitability issues, and then allow him to stay!

How do I easily and cheaply get him out? I just want my property back!

Two further points that have me worried:

1.) I've lost my paperwork, and can't remember how much he has paid me in rent or if I even have a security deposit. It's not like I can just ask the Tenant anymore, is this a big problem or not?

2.) The Tenant doesn't really have an address. He lives below a three-bedroom apartment that I also rent out. I'm curious; how do I serve him a summons at that address? Do I have to involve the rent-paying tenants upstairs?



Thank you sincerely for any help that you might be able to give.

-I am not a Slumlord!
You ARE a slumlord.
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Old 10-19-2010, 12:21 PM
 
362 posts, read 682,833 times
Reputation: 160
OP is so outrageous, I'm tempted to believe it's a contrived story...
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Old 10-19-2010, 04:50 PM
 
3 posts, read 4,982 times
Reputation: 10
Just refund him and then kick him out there is not need for someone like him who is being rude. But you on the other hand are not being attentive, responsible, and aware of your housing.

Next time do not leave someone in the house with lead paint and that is illegal. It basically was your fault in the first place because you were not doing check ups on the house.
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Old 10-19-2010, 04:52 PM
 
1,882 posts, read 2,732,213 times
Reputation: 3871
this is so weird. would this place be on third street in santa monica by any chance? i was a roommate (briefly) with a dude who was living in a place JUST like this.
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Old 10-19-2010, 06:04 PM
 
Location: Coachella Valley, California
15,543 posts, read 35,721,699 times
Reputation: 13133
Quote:
Originally Posted by yoocassie View Post
Just refund him and then kick him out there is not need for someone like him who is being rude. But you on the other hand are not being attentive, responsible, and aware of your housing.

Next time do not leave someone in the house with lead paint and that is illegal. It basically was your fault in the first place because you were not doing check ups on the house.
Who's being rude, here? The OP comes before the court with unclean hands and expects a windfall? I don't think so!!! No judge in the world is going to reward the OP for his egregious behavior!!!
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