Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
The landlord can evict a tenant for any reason, beyond the reasons given by the RSO.
As a landlord, I could evict you if you decided one day to color your hair bright pink, and I hate the color pink.
All it takes is a written 30, or 60 day notice, and no reason has to be given unless it involves a situation where I as the landlord would have to pay relocation expenses.
Usually when relocation expenses come into play the landlord is taking the rental unit off the market for capital improvements, or the landlord , relative, or manager is going to occupy the unit.
Other than that, no reason has to be given for an eviction if it is not for one of those reasons, or the rent has not been paid.
In your case, you state you want to stay, but if the landlord wants you out, then you have no recourse but to move out within the thirty days.
Bob.
Hmmmn. This seems to conflict with everything I have read about the LA
RSO - to wit, this is from Caltenantlaw.com:
Quote:
How am I protected from Evictions?
If you are under rent control, even if you don't have the rent increase limits, the Los Angeles rent control law limits evictions to 12 legitimate reasons, in order to prevent eviction abuses. Unlike cities without rent control where tenants can be evicted for nearly any reason or no reason at all, in Los Angeles, the landlord must prove the reason for the eviction, and follow special procedures for some evictions. Reasons fall into two categories: (1) where the tenant did something wrong, and (2) where the tenant is not at fault. Eviction for nonpayment of a rent increase prohibited by Ordinance 174501 [see above] may look legitimate, but it is not.
In the first category, tenants may be evicted for nonpayment of (legal) rent, breaking a term of the lease, causing a nuisance [including drugs and gangs], using the unit for an illegal purpose [eg, a machine shop in an apartment], refusal to renew the lease on similar terms, refusal to permit the landlord reasonable entry to inspect or repair, or there is a different person in possession of the unit than who rented it. In the second category, the landlord has to get and serve special papers with the city Housing Department after proving the reason is valid: the owner's family member or a new manager is moving into that unit, the house is no longer going to be a rental, the property is condemned, or HUD is selling the property. In this second category, the landlord must pay the tenant $3,300 relocation assistance [or $8,200 if the tenant has minor children, a legal disability, or is over 62 years old; new amounts effective 7/1/05] Evictions for major rehabilitation are no longer allowed. See the special section on rehabilitation, below.
The eviction notice itself has to give details on the eviction, such as what was done, the dates, times, and witnesses, so that the landlord cannot make something up in Court and catch the tenant unprepared. [State law now also requires a Pay-or-Quit notice to specify how and to whom the money is to be paid.]
The landlord cannot change the rules to prohibit pets and then evict for having a pet. The law [Ordinance 175130] changed in March, 2003 to prohibit ANY changes [beyond legal rent increases and government required additions] in a rental agreement UNLESS the tenant VOLUNTARILY agrees in writing. The landlord cannot take away parking spaces, swimming pool privileges, change the "rules," or manner of payment, for example, without the tenant's consent. This is a significant change in the law.
The landlord cannot evict for having additional occupants [ie, staying more than 30 days] if they are the tenant's children or the tenant pays another 10% per person [except the first additional child].
If the landlord has not registered the unit with the RSB, he can't evict; you are supposed to get a copy of the registration certificate, but you can call the RSB to find out by phone.
The landlord has to convince the judge of his real reason for the eviction, which is much harder than non-controlled cites, where the landlord only has to prove that he gave a 30-day notice to win.
My question is whether the clause in the lease might supersede the RSO...
The OP isn't stating that the renter is being evicted - the lease is being terminated, per the rules in the lease. It may *sound* crazy, but they are (legally) two different things.
To begin with, that document is an old one.
The relocation fees are more than double from what was stated there.
Again, and it bears repeating, a landlord can terminate a rental agreement for reasons not stated in the RSO guidelines.
If you would like to get real technical, let us use the example I gave about the pink hair.
The RSO states causing a nuisance is one reason for terminating a rental agreement, and as the landlord I believe the pink hair is a distraction not only too me, but tenants as well., therefore the tenant with the pink hair is causing a nuisance, and will get a 30 notice that the rental agreement is being terminated.
However, in a situation where a tenant is causing a nuisance, just like any other tenant problem, the landlord must, before serving a 30 day notice, serve a 3 day notice to perform covenant or quit.
What that means is, the tenant is given a 3 day notice to stop what ever they were doing that instigated the notice in the first place.
After the 3 days have passed, if the condition still exist, the landlord can serve a 30 notice of forfeiture of the rental agreement.
I have always purchased legal documents from Walcott, and on the thirty day notice to terminate an agreement,there is no box that states the reason for the termination as the RSO would state needs to be in the notice.
I have contacted other document providers, and they are similar to the Walcott forms with no box for giving the reason for termination.
To clear this matter up once and for all, the op is asking if the 30 day notice to terminate the rental agreement for reasons other than those stated by the RSO supersedes the reasons given by the RSO,and the answer is, there are dozens of more reasons why a landlord can terminate a rental agreement, but the RSO only takes into consideration 12 of those reasons.
That in no way restricts the landlord for ending an agreement for reasons not stated by the RSO.
Thanks Bob - not sure how that relates to discrimination of course - if you were to substitute hispanic or african-american for Pink Hair in your example, it would not be allowed.
This is an instance where the lease would potentially be terminated for reason of personality conflict. Or more likely, no reason at all...
Thanks Bob - not sure how that relates to discrimination of course - if you were to substitute hispanic or african-american for Pink Hair in your example, it would not be allowed.
This is an instance where the lease would potentially be terminated for reason of personality conflict. Or more likely, no reason at all...
If the personality conflict has to do with age, ethnicity, sexual orientation, disability, then the landlord can't terminate on any of those grounds.
If you can prove it is for one of these reasons,the landlord would be in trouble legally.
On the other hand, if it is a personality conflict such as you and he/she are at odds on different issues, then the landlord could be justified in ending a rental agreement, especially if other tenants are critical of your personality, and have made it known to the landlord.
If one tenant is to blame for the discomfort of another tenant,and the landlord is informed of the discontent, the landlord would be within his/ her legal right to terminate an agreement if because of personality conflicts between the two, a solution mitigating the conflict could not be reached.
I suspect this may be the case.
Once again it bears repeating, a landlord can terminate a rental agreement any time for reasons other than those stated by the RSO, as long as the notice is served 30 or 60 days from the day the termination is to take effect.
Bob.
LA Housing authority telling me that the month to month can only be terminated for one of the 12 reasons because it is a rent controlled situation.
They need to do their homework, they are absolutely wrong.
Over the years I have evicted for reasons other than stated in the rso, and so have others of my fellow landlords.
If those evictions were against rso guidelines you can bet the evicted tenant would have raised holy hell with the rso, and housing department.
Trust me on this, after over 30 years in this business, I know where of I speak.
Now what I would suggest to you is, tell us here on this forum, just what the problem is.
Obviously you don't need to name names, but being specific as to what the conflict is about, may help in solving it.
You have stated the landlord wants to terminate a rental agreement, so tell us specifically why. The more that is known, the better the chances for some options you may be able to avail yourself of.
That's good to hear Bob. basically, my relationship with the landlord has run its course. Been here for a decade. Rent is well below market for the area, thanks to the RSO. I'm paying about 400 less a month than others in comparable units.
Landlord/owner wants me out to raise the rent is the bottom line. I've had a garage that is not in my lease, but have been using as a storage space for the whole time I have been here and recently the Landlord informed that I either had to give it up or pay 150 a month for it. I said no. That soured our relationship further.
I think he just wants me to get out so he can raise the rent.
If anyone out there who is familiar with this law please help.
I have a property that falls under RSO (which I wasn’t aware of until now). The property has 2 single family homes on the lot. The front house was built in 1957 but the back was built in 1988 which should NOT be subjected to RSO. However, the LA Housing & Community listed both homes as RSO. I’ve filed a case to the RSO Division to see if this house can be removed from this ordinance.
Has anyone had gone through something like this or have any experience something similar?
YOUR RENTAL UNIT IS NOT SUBJECT TO THE RSO IF:
You live in a single-family home (that is the only residential structure on the parcel)
You live in affordable housing or luxury housing units exempted by HCIDLA
The rental unit was built after October 1, 1978 (in most instances)
You live in hotel or motel rooms that were occupied for less than 30 days
You rent a unit in a converted commercial building that converted to rental units after October 1, 1978
Without knowing about this RSO, I sent a 3&1/2 month notice to my tenants to vacate the property so I can get my daughter to move in. The tenants did their research well & got the LA Housing Dept confirmed on the No Fault Eviction which entitled them to collect $15,500 for Relocation Assistance. This incident made me more sensitive & got me jumped on the RSO crash course fairly quickly. I’ve contacted the HCIDLA immediately & filed a case to see if my home would fall under RSO since it was built after 1978.
Now I’m just waiting for the answer from HCIDLA. But in the meantime, I don’t know what to do if I can’t get these tenants out. They have been very difficult since day 1 but I’ve waited till their lease run out to hopefully get them out. I know I might not have much of a choice if the decision is over-turned but I hope I don’t have to pay $15,500.
Any advice or suggestions would be appreciated.
P.S. The tenants know well that the rent is way below the market (about $400+) so I’m sure they wouldn’t want to move out knowing that they won’t be able to find a fairly newer home which I had just renovated & put in everything new to to bottom.
Questions about evicting for reasons other then the 12 RSO
Quote:
Originally Posted by CALGUY
They need to do their homework, they are absolutely wrong.
Over the years I have evicted for reasons other than stated in the rso, and so have others of my fellow landlords.
If those evictions were against rso guidelines you can bet the evicted tenant would have raised holy hell with the rso, and housing department.
Trust me on this, after over 30 years in this business, I know where of I speak.
Now what I would suggest to you is, tell us here on this forum, just what the problem is.
Obviously you don't need to name names, but being specific as to what the conflict is about, may help in solving it.
You have stated the landlord wants to terminate a rental agreement, so tell us specifically why. The more that is known, the better the chances for some options you may be able to avail yourself of.
Bob.
Hi Calguy, I am new to this forum and came across this old post about the RSO guidelines, and it appears that you have experience in evicting problem tenants that are under the RSO. I am a landlord in LA and under RSO guidelines. Im experienced in being a landlord but new to LAs RSO guidelines. We purchased a duplex last year and inherited a tenant who is a HUGE problem. Cant stand the guy and he serves me illegitimate letters from his lawyer friend contesting parts of his lease, such as paying the deposit he never gave the old owner. Among a list of other constant issues we have with him. I want him OUT! But since he has this lawyer friend coworker on his side, I am hesitant to pursue further without getting legal advise, which i cannot afford right now. What do you know about evictions for reasons besides the 12 that are allowed under RSO?
-C
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
LA RSO Eviction
