3-day Eviction in LA? (Los Angeles: rent, condos, attorneys)

[trojo323]

Hi there,

My building is being converted to condos and while originally the required move out date was in October, an extension until February was offered to the tenants (market conditions?). Anywhoo, I opted to extend and was granted the extension until Jan 1, 2008 (in writing).

2nd week of November, I received a noticed that due to change in construction schedule I would now need to move by Dec 1st. I replied to building ownership this would not be possible, but would valintly try to move out as soon as possible with the intent of moving out during by the 15th.

After learning that the last resident and bldg. manager would move out Dec 20th, I submitted a pro-rated rent extending until Dec 21st with a letter of my intent to move before that date. Today, I received a note, rejecting my check for pro-rated rent, a request to provide the full month's rent or vacate unit within 3 days or immeadiate eviction?

I don't even believe this is possible in LA, I have always paid my rent for the last 7 years on time in my rent-controlled building and they still have my security? Can any one confirm that the building owner is seeking a lawsuit if they evict? Thanks!

[DMenscha]

Resubmit a check for the full amount. they would have to return the "unused" portion to you. The 3 day pay or quit is open to them because you didn't give them the full amount. You should also contact a tenants organization in the LA area (there must be one). Check this link;

LA Weekly - News - Tenants’ Rights - Christine Pelisek - The Essential Online Resource for Los Angeles

good luck

[katenik]

you have special LARSO rights in the case of condo conversion, which apply whether the building is rent-controlled or not. among other things, you might be entitled to monetary relocation assistance. call the housing department or an attorney.

[trojo323]

Okay, but even if I don't, they would have to start the eviction process, which at a minimum is 60, maybe 90 days now? Right?

[trojo323]

Oh and I wouldn't have such a big problem with it if I had recieved a larger relocation package, one given to those who notified after 4/11, but since I didn't and only received $3.4K...well that will be gobbled up with new apt's security, new apt's first month, and moving costs. In short, If I summed up everything including my current full month's rent $7K+. I mean, yea, I'm trying to save a couple hundred bucks, but it's also preventing me from going into the red.

[mccollim]

Wow, I never heard of such a thing as a 3 day eviction in Baltimore. Good luck.

[marilyn220]

Originally Posted by mccollim

Wow, I never heard of such a thing as a 3 day eviction in Baltimore. Good luck.

I never did either until I came to LA. If you're rent check isn't received by the due date they will literally hunt you down and kill you. LOL! Just kidding! But you'll get a three day notice saying either pay up or leave. If not, they'll prepare eviction proceedings against you. Trust, that's the last thing you want.

It's very, very, very different here.

This city has the most strictest, stringent laws in the country for just about EVERYTHING and nobody bat's an eyelash.

[lalagonegaga]

It sounds like you really just want and need to be away from the situation, but you have rights. The eviction process can be started anytime after you don't "cure" the situation stated in the notice. If you have been served formal eviction papers (not just the 3 day "notice") what you should do is file a Motion to Quash. Of course, this is when things are official and you should only do this if you feel you can win (seriously, if you have only been given a notice, I'd just move before the eviction formally starts).

Filing a Motion to Quash is one method of "Answering" the eviction; there are others. If you Answer, the court will set a date for a trial and both sides will be able to present their cases. They'll most likely show up with attorneys, as should you. Most people work things out before the judge even calls the case while you guys are waiting out in the hallway, but be prepared. Oh, this takes anywhere from 5-6 weeks for Answered cases.

Should you lose, be prepared to pay attornees fees for the prevailing side, plus the judgement. Should you win, you'll get your attorney fees covered (assuming you asked for that) and any monies associated with moving and possibly punitive damages. You probably won't get anything for "stress" or "mental anguish", but give it a shot!

All in all, go forward only if you feel you can win. It is time consuming, mentally draining and can be very expensive. But I understand that you may want to go forward on the principle of the issue. Good luck whatever you choose.

[ELIZABETH POULSON]

First Of All, They Should Be Paying You To Move. I Have A Friend That Buys And Sells Property. That Is What He Had To Do, Is Pay The Tenants To Leave. If You Already Signed An Agreement To Moving By Feb 2008. If They Want You Out Sooner, They Need To Pay You To Leave. They Can't Make You Leave Before That. It Is Their Problem. Fight It.
Good Luck.

[pghquest]

Originally Posted by marilyn220

I never did either until I came to LA. If you're rent check isn't received by the due date they will literally hunt you down and kill you. LOL! Just kidding! But you'll get a three day notice saying either pay up or leave. If not, they'll prepare eviction proceedings against you. Trust, that's the last thing you want.

It's very, very, very different here.

This city has the most strictest, stringent laws in the country for just about EVERYTHING and nobody bat's an eyelash.

Ahh, see there is the catch.. 3 days to leave, or they begin eviction proceedings.. that takes months..