CSQ properties has been investing in L.A. for quite some time and evictions are one of those minefields you hate to run into as a landlord.
There’s an innumerous amount of nuances and virtually every case is unique.
The Law Firm of Dennis P. Block & Associates has been involved with over 200,000 tenant evictions in California!
With that sort of experience, they recently put together a Q & A that was published in Apartment Owners Association magazine (October 2022 issue).
CSQ Properties also happens to be a member of the Apartment Owners Association.
I found it very enlightening and thought you might glean some insight into what landlords are dealing with OR, if you own your own properties, it may provide some guidance into your situations.
E N J O Y ! ! !
QUESTION #1: I have a fourplex in the City of Los Angeles which is under rent control. I am doing upgrades including installing an air conditioner in each unit. The cost for these upgrades will exceed $11,000. Am I able to raise the rent at this time and if so, what is the maximum amount that can be raised?
Answer: For the properties subject to Rent Stabilization Ordinance for the City of Los Angeles. Rent increases are prohibited at this time. Currently, the city has authorized rent increases to be initiated only as of August 1, 2024!
QUESTION #2: I have a friend that I allowed to live in a storage shed at the rear of my house. This was only supposed to be a temporary arrangement, but it has now gone on for over one year! I tried to stop him from using a bathroom I have at the side of the house by locking the door. My friend then called the police who forced me to unlock the door. I have heart issues and this situation is really stressing me. I have never collected any rent from this person. I know there is an eviction moratorium, but is there anything I can do?
Answer: I have a friend that I allowed to live in a storage shed at the rear of my house. This was only supposed to be a temporary arrangement, but it has now gone on for over one year! I tried to stop him from using a bathroom I have at the side of the house by locking the door. My friend then called the police who forced me to unlock the door. I have heart issues and this situation is really stressing me. I have never collected any rent from this person. I know there is an eviction moratorium, but is there anything I can do?
QUESTION #3: I own two single-family residences. One is in Los Angeles County and the other one is in Ventura County. I have decided to pack up and leave California and move to Idaho. Both houses are leased on month-to-month tenancy. I wish to put them on the market for sale. Can I issue a 60-Day Notice to Quit to each tenant?
Answer: I own two single-family residences. One is in Los Angeles County and the other one is in Ventura County. I have decided to pack up and leave California and move to Idaho. Both houses are leased on month-to-month tenancy. I wish to put them on the market for sale. Can I issue a 60-Day Notice to Quit to each tenant?
QUESTION #4: I have a tenant in the City of Los Angeles that is refusing to pay rent. He claims that he cannot be evicted due to the moratorium. This person is driving a new car and I know he is fully employed by the Post Office. Is there anything I can do at this time? I have not received a rent in over a year!
Answer: Under the City of Los Angeles moratorium, an eviction action for non-payment of rent cannot be brought if the tenant has inability to pay rent due to COVID-19. In this case, the failure to pay rent is not related to the pandemic. On that basis you could proceed with an eviction.
QUESTION #5: My tenant caused a fire in his unit which has rendered it uninhabitable. He allowed a candle to fall which caused the fire. The cost of the repairs will be thousands of dollars. Thankfully, the insurance company will be paying for the restoration. My tenant is claiming that he is entitled to compensation for his temporary relocation and that he will be moving back once the repairs are completed. He quoted some state law which requires me to do this. Please advise if I am obliged to compensate my tenant or if I am required to allow him to reoccupy the apartment.
Answer: Since your tenant caused the fire, there is no obligation to pay relocation or to allow him to occupy the unit. You should send him a notice that the tenancy is immediately terminated. In addition, you should account for any security deposit that he has paid.
QUESTION #6: I bought a duplex in the City of Los Angeles. It was built in 1986 so it is not under rent control for the City of Los Angeles. My loan requires that I occupy one of the units. Both tenants are refusing to move. What steps must I take to recover possession of the premises?
Answer: I bought a duplex in the City of Los Angeles. It was built in 1986 so it is not under rent control for the City of Los Angeles. My loan requires that I occupy one of the units. Both tenants are refusing to move. What steps must I take to recover possession of the premises?
QUESTION #7: I bought a duplex in the City of Los Angeles. It was built in 1986 so it is not under rent control for the City of Los Angeles. My loan requires that I occupy one of the units. Both tenants are refusing to move. What steps must I take to recover possession of the premises?
Answer: Under the Disability Act, a landlord is required to offer a reasonable accommodation to a tenant who has a disability. Of course, you cannot create a parking space where one does not exist. You might inquire as to the other tenants if they are willing to give up their space. If no one offers their parking space, then this would not be a violation of the Disability Act. Your tenant is not requesting a reasonable accommodation.
QUESTION #8: My tenant has a junk automobile parked at a house I rent in the City of Los Angeles. It truly is an eyesore and I have received complaints from my neighbors. I have asked him to remove it, but he refuses. He states that if he is paying his rent, he cannot be forced to remove the car or be evicted. Is there anything I can do?
Answer: My tenant has a junk automobile parked at a house I rent in the City of Los Angeles. It truly is an eyesore and I have received complaints from my neighbours. I have asked him to remove it, but he refuses. He states that if he is paying his rent, he cannot be forced to remove the car or be evicted. Is there anything I can do?
And there you have it! I hope this article gave you some new ideas. I know it’s a longg one, but if you made it this far, hopefully, you learned a few things. An investment in knowledge really is the best investment that you can make!
Special Note: At the time of the writing of this column, it appears that the City of Los Angeles will probably be ending the moratorium as of January 1, 2023. Stay tuned for further details.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles 323-938-2868, Encino 818-986-3147, Inglewood 310-673-2996, Long Beach 310-434-5000, Ventura 805-653-7264, Pasadena 626-798-1014, Orange 714-634-8232, San Diego 619-481-5423 OR by visiting www.evict123.com.
Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at 818-570-1557.
“Landlord Tenant Radio Weekly Podcasts” can be heard at any time at www.EVICT123.com or download the app “EVICT123”.