Disability accomodations for renters (complexes, agreement, tenant, eviction)

[lae60]

I posted previously about my mom's rentals that (since mom passed) I am dealing with.

EVERYONE was right, when push came to shove, neither of the renters wants to buy the house they are renting. So they received a 60 day notice to move, which means they should be out by Aug 19.

So last Friday, Aug 12, I receive a phone call from the housing authority for the location of the homes. This is NOT in a rent controlled area and it is in CA.

The renters are requesting an accommodation for the man's medical condition. Apparently, never known to me previously, or to my mother, he has a 'bad back' and will be having surgery on Aug 24. He will require 6 to 12 month to recover after surgery and they want to stay in the house until then, or whenever he recovers.

They acknowledged that they were given proper notice, but the housing authority said that they really have no where to go. And that is likely true as they pay $675 a month in rent for a 3 bedroom that should rent for $1800 a month. So they will milk it as long as they can.

I told the lady, no, the house is going to be sold. The heirs do not wish to be landlords and 2 of the heirs have personal needs now and need the funds. And also that the insurance is 'non-renew' and expires in Nov and we want the houses sold before Nov if at all possible. With the current schedule that would be tight as it is.

She went on that an unlawful detainer, court, attorneys, etc. will be even longer than the 6 month to a year they are asking, etc. and that I should reconsider. She left her number for me to call after I had time to reconsider.

Well I know that they will milk the bad back for YEARS if they get to keep the low rent. No place else is even near the rent they pay. Oh, and they have a $20k car and $40k truck, so they are not 'poor' in the sense of having no money, they just prefer to not invest it in rent. And might have to sell the truck to pay for the rent.

(I also told the lady that we were not happy with their situation also as when we were doing repairs in the house we found out that 2 additional adults and one child were now 'subrenting' 2 of the bedrooms and that was not allowed. I told her that the rent was kept low because my mother felt that the renters, 2 adult, elderly people, may not be able to afford higher rent. But had she know about the subrenters she would not have allowed subrenting, and always with rentals additional people in the house and additional income would have meant that the rent would increase when the rent was purposely lowered because of the renter's income. So at least they know that if something is forced on us for this accommodation, we expect the subrenters to be out. We served the john and jane does with a 90 day notice too. )

Anyone have experience or knowledge about disability accommodations when a renter in under a 60 day notice to move out?

In hindsight I SHOULD have given them a 60 day notice to bounce the rent to $2000 (above market value) then a day later given them the 60 day notice to leave.

Live and learn!

But since I did not, anyone have any guidance on this? Can the housing authority force a extension/accommodation? How do judges rule in this type of a situation? Its not like he just had surgery, but scheduled it for a week after he is to be out. And I smell scam here. Would you give them any extension? And if I do, then is it back to giving another 60 day notice to leave? I am afraid of giving any extension even for a month as then he would have had the surgery and it might be worse for them to move.

And if I increase the rent now, am I by that action--the rent increase--saying that they can stay and thus preventing any action because they did not leave?

[Katie1]

Contact a Lawyer ASAP!!

[AZ Manager]

Sounds like you got a phony phone call if they warned you about eviction taking 6+ months. Sounds a little like organized crime vague threats. Evict them for holdover since no smart or sane person would want that on their record. As for time frame 6 months seems excessive to me even in CA.

The CA process to evict as I understand it, and why I never purchased in CA, is (1) file the complaint with the court then serve the tenant. This could take a few days or if they are really evasive a few weeks. In the event of them avoiding the process server the court can okay the service be preformed by placing the notice on the premises and mailing a copy. (2) Tenant has 5 days to respond or not once served, if mailed and posted is used it will be 10 days. (3) request a court date which is 10-30 days depending on the courts caseload at the time and could be longer. CA courts take evictions seriously because of the potential for property damage and will bump them to the front of the line. (4) Assuming you won you will be given a writ of possession to take to the sheriff who will place a notice of eviction on the home which could take them another week or two. They have 5 days to vacate at that point. (5) Removal of the tenant is last and that is another week or two if the tenant fails to vacate.

Best case you serve them and they vacate taking you a few weeks and worst case you are looking at 13ish weeks. You can sue them for the rent during that period after you have possession back.

[Zippyman]

I'd get an attorney to help dot the I's & cross the t's for your upcoming holdover eviction. They're looking for an "angle" to steal $1000 /mo in rent from you & in California, they just might find it. Use an attorney to cut them off at the pass. It won't cost $12,000+ for an attorney unless you put it off & let them get the drop on you.

[JanND]

I think the housing lady called to guilt you. It could be that the renters simply applied for housing assistance while they were residing in your Mom's home. I think the lady that called you is the renters caseworker...and was simply advocating.

Unless she announced to you that she was an Attorney representing the Housing Authority.....it sounds like she over-stepped her bounds threatening you legally. I'd want to talk to her supervisor, and I'd ask to see if they have any sort of contract signed by your Mom.

I think if they had any real authority, they would have sent you legal papers.

I am not sure that your Mother signed any sort of contract with the housing authority. As I understand it LL's usually sign an agreement with the Housing Authority that lasts for a specific amount of years....

I think you need to talk to an attorney...I personally do not see you as obligated to make any disability related changes that were not already scheduled or asked for prior to your 60 day notice, that would be ludicrous. A person can't just say that they are disabled, there are documents involved.

I would speak to an attorney that works with real estate asap. You already gave them notice, so follow-up as the law allows to get them out if they aren't moved next week. I doubt that they can get anything filed before you serve them a 3 day notice by the Sheriff.

[lae60]

Originally Posted by JanND

I think the housing lady called to guilt you. It could be that the renters simply applied for housing assistance while they were residing in your Mom's home. I think the lady that called you is the renters caseworker...and was simply advocating.

Unless she announced to you that she was an Attorney representing the Housing Authority.....it sounds like she over-stepped her bounds threatening you legally. I'd want to talk to her supervisor, and I'd ask to see if they have any sort of contract signed by your Mom.

I think if they had any real authority, they would have sent you legal papers.

I am not sure that your Mother signed any sort of contract with the housing authority. As I understand it LL's usually sign an agreement with the Housing Authority that lasts for a specific amount of years....

I think you need to talk to an attorney...I personally do not see you as obligated to make any disability related changes that were not already scheduled or asked for prior to your 60 day notice, that would be ludicrous. A person can't just say that they are disabled, there are documents involved.

I would speak to an attorney that works with real estate asap. You already gave them notice, so follow-up as the law allows to get them out if they aren't moved next week. I doubt that they can get anything filed before you serve them a 3 day notice by the Sheriff.

Mom definitely does not have any agreements with the housing authority. These renters pay the rent themselves. They are month to month, not even a lease.

Mom had told the renters, all of them, 5 years ago that when she passed away the houses would be sold so they should consider getting on waiting lists for subsidized rent as the waiting lists can take years in LA County.

The renters at that time looked at some of the housing complexes and rejected them and did not want to go on any waiting lists as the housing was not to their liking. Mom tried to explain that they may qualify for rent assistance in a house of their choosing that accepted subsidized rent. Not sure they 'got it'.

So, mom definitely does NOT have a contract with the housing authority.

I think that the renters may have gone to the housing authority for help --to stay--or to go somewhere else.

[JanND]

Originally Posted by lae60

Mom definitely does not have any agreements with the housing authority. These renters pay the rent themselves. They are month to month, not even a lease.

Mom had told the renters, all of them, 5 years ago that when she passed away the houses would be sold so they should consider getting on waiting lists for subsidized rent as the waiting lists can take years in LA County.

The renters at that time looked at some of the housing complexes and rejected them and did not want to go on any waiting lists as the housing was not to their liking. Mom tried to explain that they may qualify for rent assistance in a house of their choosing that accepted subsidized rent. Not sure they 'got it'.

So, mom definitely does NOT have a contract with the housing authority.

I think that the renters may have gone to the housing authority for help --to stay--or to go somewhere else.

I think you are right, the renters went at the last minute to housing obviously, since their 60 day deadline is up next week. They have taken advantage of your Mom for so many years. It isn't right that they are treating you folks this way.
I hope that you are able to resolve this right away. I think this "call" was an attempt to get you to back down, they are bluffing. Don't do it.

In fact, you might want to call and ask to talk to that person's supervisor...I'll just bet they either faked a "housing call" or someone over stepped their boundaries if it was the housing office.

I think you should just proceed against the renters, like you would when evicting anyone, and you gave them proper notice, you've followed the right path.

I also read your other post, where you mentioned what that investor offered you for both homes. I think if he would up it appreciably, like another 100,000. maybe you'd take it. Especially since he would then have to deal with the renters. Did you counter his offer?? Have you even put the houses on the market?

I'll just bet that you can get these sold in very good time, they sound like really nice homes and there is a big market in LA for homes of this era. Especially in that price range. Please keep us posted.

[lae60]

Originally Posted by JanND

I think you are right, the renters went at the last minute to housing obviously, since their 60 day deadline is up next week. They have taken advantage of your Mom for so many years. It isn't right that they are treating you folks this way.
I hope that you are able to resolve this right away. I think this "call" was an attempt to get you to back down, they are bluffing. Don't do it.

In fact, you might want to call and ask to talk to that person's supervisor...I'll just bet they either faked a "housing call" or someone over stepped their boundaries if it was the housing office.

I think you should just proceed against the renters, like you would when evicting anyone, and you gave them proper notice, you've followed the right path.

I also read your other post, where you mentioned what that investor offered you for both homes. I think if he would up it appreciably, like another 100,000. maybe you'd take it. Especially since he would then have to deal with the renters. Did you counter his offer?? Have you even put the houses on the market?

I'll just bet that you can get these sold in very good time, they sound like really nice homes and there is a big market in LA for homes of this era. Especially in that price range. Please keep us posted.

These houses are not on the market yet. The 4 heirs want to have the renters out, do a quick paint and floors upgrade, landscape the front yard then list them. The floorplan on these houses is nice.

The renters have been there so long that their stuff is everywhere and it would be hard to sell with them in. And the one would give everyone a sob story about having to move and might put off buyers. The other is an auto mechanic and has way too many project cars in the garage and driveway to even walk around the yard.

Hoping to list them in Sept. And they should sell fast, hoping anyway. Generally any time a home goes up for sale in that area members of one church try to buy them. I do not care who buys the houses, just want them sold

The investor said it was take it or leave it, and it was way too low.

[carnivalday]

Ive got the feeling that whoever called you was not from any housing authority. Did you check to see if that phone number came from the Housing Authority? It also sounds like there is no legal reason not to go ahead with the evictions.

Im sure the landlords will chime in soon, but I can't imagine not being able to evict anyone, especially being on a month to month lease, legally with proper notice, which you gave.

[lae60]

I just checked the phone number. It comes up as either the National Fair Housing Advocate and Southern Ca Housing Rights Center. Anyone heard of them?