Los Angeles Rent Control tenant gaming the system (apartment, lease)

[akajam999]

I have a tenant under the lease contract says you can have only one tenant. He has been gaming the system by having the same so called "guest" for the past 8 months by not having that person stay for more than 30 days consecutive. Is there an argument i can make and evict this tenant for violating the lease term?

[North Beach Person]

If he following the lease terms, probably not. Is he gaming the system? Sounds like it.

[Mike121]

Hi. If you ever go the distance and get an eviction order put together, it is vital that you make sure the eviction order calls out "all residents and guests" and not just the name of the tenant.

It is a common scam to have one person rent an apartment, then move in another person as a guest. The landlord will evict the first one without explicitly evicting the guest. Then the guest sue to get the right to stay and will stay on for another few months until the landlord gets another eviction order.

To top it off, the guest who is now a de-facto tenant can have the original tenant stay with him as a guest.

[BennyPhoenix]

Your situation is not unique.
Dept of housing for L.A. has clear rules.
IIRC, you can raise their rent. Contact the housing dept and get an opinion from them. They will also have a form that you can use to determine the amount you can raise that tenant's rent. I believe it is a 10% increase, more if you pay any utilities.
You also have a bigger potential problem. If the "guest" doesn't want to leave when your original tenant leaves you will have to evict him.

[Big-Bucks]

Landlords have no rights in California. Liberal state.

[Those Who Squirm]

With every apartment I've ever lived in, there was a clause in the lease to the effect that any guest staying over 30 days would be considered a tenant, and that therefore the unit would liable for a small rent increase, like $50. IIRC such an event, the apartment in question would still be under rent control, albeit at the new slightly higher rate.

In sum, I don't think it's a rent control issue, but if he refuses to pay you the extra rent you're entitled to I'd think you'd be able to evict him for that. You could also do so for continuing to sneak the guest in, but I imagine that would be harder to do since catching them might raise some privacy concerns.

[jm1982]

Originally Posted by Big-Bucks

Landlords have no rights in California. Liberal state.

It's kind of funny too...because if you look at the current market value to buy a property versus the market rents , the only way someone can make money is on appreciation...which of course is speculation.

Hardly anything if anything in L.A on the MLS would actually make someone money every month after actually calculating all the expenses. If it is it's probably like a 2% return or so. That can be eaten up pretty quickly though.

[askingaquestion]

In California and within the rent control laws up to 4 people can live in a 1 bedroom legally.
And 2 in a studio apartment.
If you stated in the lease only one person can live there that's illegal on your part.
So, be careful.
You can have a clause in the lease that you charge extra for an additional tenant, but that's about all you have to go on.

[BennyPhoenix]

You dont need the clause to raise the rent for an additional tenant; it's part of the housing law in L.A.