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I'm buying a duplex. It's occupied with both tenants on month to month agreement. Can i give 60 day notice to one so i can move in without paying him/her?
I'm buying a duplex. It's occupied with both tenants on month to month agreement. Can i give 60 day notice to one so i can move in without paying him/her?
You will have to pay relocation fees .
I am quoting here from the landlord/ tenant handbook for 2012, issued by the housing department.
"Relocation assistance is required when evicting because of owner or family member occupancy (LAMC 151.09 A8a)"
"Payment shall be made within 15 days of service of the written notice of eviction".
It further states, "Any eviction requiring relocation assistance to be paid requires the filing of a Landlord Declaration of Intent to Evict form with the housing department.
Failure to file the declaration with the LAHD makes the eviction invalid."
You will have to pay relocation fees .
I am quoting here from the landlord/ tenant handbook for 2012, issued by the housing department.
"Relocation assistance is required when evicting because of owner or family member occupancy (LAMC 151.09 A8a)"
"Payment shall be made within 15 days of service of the written notice of eviction".
It further states, "Any eviction requiring relocation assistance to be paid requires the filing of a Landlord Declaration of Intent to Evict form with the housing department.
Failure to file the declaration with the LAHD makes the eviction invalid."
Bob.
He's not evicting them. He's just not renewing their lease. Here's the correct answer.
He's not evicting them. He's just not renewing their lease. Here's the correct answer.
You need to read the op's original sentence.
He stated he wants to know if he gives them a 60 day notice.
If he is giving them a 30, or 60 day notice to vacate, that is an eviction.
In essence he is saying, I want you out by such and such a date.
He is evicting them.
I bring your attention to a point about half way down the page of the link you provided.
Ihave taken the liberty of copying and pasting it here.
"Special rules may apply in cities with rent control. For example, in some communities with rent control ordinances, a periodic tenancy cannot be ended by the landlord without a good faith "just cause" or "good cause" reason to evict. In these communities, the landlord must state the reason for the termination, and the reason may be reviewed by local housing authorities."
Los Angeles is one of those rent controlled communities, and the word "eviction is plainly spelled out.
True, the OP is ending their rental tenure, but in doing that it is called an eviction.
It all depends on where the duplex is located, how old the building is, how old the tenants are, if they are disabled. You should check with your local rent control board and see what their rules and regulations are. For instance, in Santa Monica, I believe if a tenant has been living in the unit for over 10 years and the property was built before 1978, there's no way for you to evict them if they are paying their rent. Don't quote me on the time frame, but there are condos that are sold with tenants and the only way for the new owner to move in is if the tenant willingly leaves or breaches the lease agreement. LA rent control is different; you can evict the tenant, you would have to pay a relocation fee, but if they're over 62 yo, been living there for X number of years, disabled I don't think you can evict. If both units are identical, I believe you evict the most recent tenant. If your duplex is not under rent control, you can give your 60 day notice and not have to pay anything.
You need to read the op's original sentence.
He stated he wants to know if he gives them a 60 day notice.
If he is giving them a 30, or 60 day notice to vacate, that is an eviction.
In essence he is saying, I want you out by such and such a date.
He is evicting them.
I bring your attention to a point about half way down the page of the link you provided.
Ihave taken the liberty of copying and pasting it here.
"Special rules may apply in cities with rent control. For example, in some communities with rent control ordinances, a periodic tenancy cannot be ended by the landlord without a good faith "just cause" or "good cause" reason to evict. In these communities, the landlord must state the reason for the termination, and the reason may be reviewed by local housing authorities."
Los Angeles is one of those rent controlled communities, and the word "eviction is plainly spelled out.
True, the OP is ending their rental tenure, but in doing that it is called an eviction.
Bob.
That is not an eviction. It's a month to month rental, the only way those can end is though the tenant giving notice, the landlord giving notice, or eviction IF the tenant is not paying rent/breaking the terms of the original lease. Otherwise the rental would go on forever, and that's ridiculous.
The OP does not owe the tenants any money as long as proper notice is given. If the tenants refuse to leave, THEN the OP will have to begin the eviction process.
That is not an eviction. It's a month to month rental, the only way those can end is though the tenant giving notice, the landlord giving notice, or eviction IF the tenant is not paying rent/breaking the terms of the original lease. Otherwise the rental would go on forever, and that's ridiculous.
The OP does not owe the tenants any money as long as proper notice is given. If the tenants refuse to leave, THEN the OP will have to begin the eviction process.
Seconded as correct. Yes, OP, you can give them 60 days notice which is very fair considering you're only obligated to give them one month/30 days whatever your state law decrees. You're not evicting them, simply ending their contract with you.
Just be sure to check with your state landlord tenant laws which are probably linked in the first "sticky" on this forum as to the proper procedure. Many states require that that the notice be given in writing via return receipt certified mail.
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