I'm the landlord and I want to Evict my Rent Control Tenant (Santa Monica, CA) (apartment, eviction)

[mrcharles]

Hi Everyone,
So I own a building in Santa Monica that has 8 units and there is only one unit that is Rent Controlled.

This unit is a 3 Bedroom Townhouse -- Huge and Very Nice
-- The tenant only pays $1,000 a month --

I have another unit in the building that has pretty much the same layout and I get $3500 a month.


I know I might sound Greedy... but I need to get this tenant out... She is driving us nuts!

Every month she tries to Deduct an additional 200-300 dollars making a list of things that is wrong with the unit.. all lies!

I've heard that I can tell the city that I want to occupy it myself, but they've told me so why don't you live in your other units... Idk what to do..


Any Advice??

Thank you,

[summerwriter]

I doubt you can evict her if she pays rent on time. You do sound greedy and like you just want her to move out so that you can make $3500 on the unit. I can't believe how high these rents are in the LA area- ridiculous robbery! That tenant has a good thing going and I doubt she'll leave - I have no idea why she is complaining every month!!

[VLWH]

You can't evict her just because you want a higher paying tenant. You better be careful if you use the excuse of wanting to occupy it yourself and then turn around and rent it. This could open you up for a lawsuit. Also, tell her she can't deduct money from rent just because she feels things are broken and in need of repair.

[Samoi137]

She "wants" to deduct certain amounts from her rent each month. Does she in fact pay the full rent due? If not, then you could start legal proceedings against her, for either the full amount owed or, if she doesn't pay, evict her. If she nags and is a bother, but pays the full rent, you don't have grounds, I believe. Is there a clause allowing you to tell someone to leave with 30-day notice? It appears you need to talk with a lawyer.

[SalParadise]

You should consult with a lawyer who knows the Santa Monica rent control ordinance very well.

Or the local apartment owner's association.

[greggd1]

Originally Posted by mrcharles

Hi Everyone,
So I own a building in Santa Monica that has 8 units and there is only one unit that is Rent Controlled.

This unit is a 3 Bedroom Townhouse -- Huge and Very Nice
-- The tenant only pays $1,000 a month --

I have another unit in the building that has pretty much the same layout and I get $3500 a month.


I know I might sound Greedy... but I need to get this tenant out... She is driving us nuts!

Every month she tries to Deduct an additional 200-300 dollars making a list of things that is wrong with the unit.. all lies!

I've heard that I can tell the city that I want to occupy it myself, but they've told me so why don't you live in your other units... Idk what to do..


Any Advice??

Thank you,

I wanted to post here and let you know that I understand your frustration. Not only is she getting very cheap rent, but she further takes advantage by trying to fradulently reduce it even more by making up or magnifying ridiculous complaints. It happens all the time and its usually the ones paying $500-1k for a $1.5-2k unit.

I would suggest you consult an attorney that specializes in eviction and/or real estate law. Find one that is santa monica local or call the AOA for a referral. They will help you figure out a plan to tackle this issue. Yes, you can evict her to move a family member into the complex. I dont think santa monica can tell you which unit to evict but I do know the person moving in needs to move in and make that their primary residence. I hope you have a kid to fill this slot.

Its funny how some think you are greedy for simply wanting to get the average market rent for your units. I wonder if the prior owner of the building sold it to you for less than market value. Or was he greedy and demanded full market value? lol

Good luck to you.

[DelaneyRudd]

I don't think you are greedy unless the motivation is to increase the property value by removing someone who doesn't legally deserve to be removed. I don't know how it works exactly but I would think the fact there's a rent control on part of this building means you were able to purchase it for less than what it would be without the legal restriction? I suppose it's hard to say since it's just going to be expensive property around there no matter what.

[genjy]

I don't see how this is greediness.

The landlord is in it for the money. It's business--not charity.

If the tenant is giving him crap every month about the rental unit, then that's one more reason to kick the tenant out.

Anyone in his shoes would think exactly the same way: "How can I kick this pain in the ass outta here and make more money?"

[faunablues]

Even if it's reasonable to want to get the market price on that apartment, it doesn't make it legal under rent control laws. The problem of her trying to pay less is (1) if she's only constantly complaining and still paying in full, there's no actual problem there though it's annoying, or (2) even if she IS paying less, tenants under rent control can claim that there are reduced services, which is equivalent to an unreasonable increase in rent. So some people can actually get away with paying rent IF they can ultimately prove that, for instance, there has been poor maintenance or fewer amenities than when they moved in (e.g., a pool that was in use and no longer is usable, or laundry facilities are gone, etc).

But I'm not sure if the tenant has to go to court BEFORE they can do that (I mean, it would suck to live somewhere AFTER you took your landlord to court!), or if the landlord has to go to court over it after the tenant starts paying less.

[CALGUY]

If the tenant is not paying the full agreed too rent, serve a three day notice to pay or quit.
If the rent is being withheld for repair issues, make an appointment with the tenant to enter the unit to see what repairs are needed.
Take pictures.
After repairs are made, insist that the full rent be paid, and inform the tenant, you will not accept partial payments.
The first time the rent is late, or not in full payment, start the eviction proceedings.
One problem with rent controlled property is, under an eviction, you have to charge the same amount for the new tenant, as the previous evicted tenant was paying.
You can't raise the rent on the unit when you evict.
Now, I am quoting Los Angeles rent control laws.
I would think the same holds true for Santa Monica.
The goal should be to get this problem tenant out, not a hefty rent increase.
Bob.