Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 08-29-2012, 05:05 PM
 
1 posts, read 7,840 times
Reputation: 10

Advertisements

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?
Reply With Quote Quick reply to this message

 
Old 08-29-2012, 06:50 PM
 
Location: Los Angeles
8,446 posts, read 10,867,487 times
Reputation: 10691
Quote:
Originally Posted by FRANK ESCOBAR View Post
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."


Bob.
Reply With Quote Quick reply to this message
 
Old 08-29-2012, 07:08 PM
 
Location: Los Angeles, CA
4,993 posts, read 5,923,270 times
Reputation: 4313
Quote:
Originally Posted by CALGUY View Post
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.
Reply With Quote Quick reply to this message
 
Old 08-29-2012, 10:56 PM
 
Location: Los Angeles
8,446 posts, read 10,867,487 times
Reputation: 10691
Quote:
Originally Posted by 2Easy View Post
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.

Bob.

Last edited by CALGUY; 08-29-2012 at 11:10 PM..
Reply With Quote Quick reply to this message
 
Old 08-30-2012, 02:06 AM
 
Location: West Los Angeles, CA
14 posts, read 25,802 times
Reputation: 16
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.
Reply With Quote Quick reply to this message
 
Old 08-30-2012, 03:50 PM
 
639 posts, read 1,955,981 times
Reputation: 1324
Quote:
Originally Posted by CALGUY View Post
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.
Reply With Quote Quick reply to this message
 
Old 08-30-2012, 04:25 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,483,717 times
Reputation: 26727
Quote:
Originally Posted by eevee188 View Post
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.
Reply With Quote Quick reply to this message
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.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting

All times are GMT -6.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top