New Owner Can Evict You to Move In Relative

QUESTION: I have lived in my Los Angeles apartment for 15 years, so the rent is very low. But now the apartments have been sold, and the new owner says he wants to move in a family member. What are my rights?

ANSWER: The owner has the right to move in a family member under the Los Angeles rent law, which you indicate affects your unit. As far as your rights go, he will also have to give you written notice of his intentions and pay relocation fees to you. The fees are $5,000 for the elderly, handicapped or renters with minor children. Others get $2,000.

Owner Must Pay for Tenant’s Night Out

Q: I live in Lomita and my question is very simple. If the apartment building has to be vacated for tenting for termites, who pays for the overnight expenses of the tenants? Lomita is not subject to rent control.

A: You are correct about Lomita not being affected by rent control. However, in this instance, it doesn’t matter.

If there is no rental agreement providing to the contrary, the owner is responsible for paying your overnight expenses or reducing your rent for the day if you make other accommodations when tenting for termites or for any other such rodent or vermin infestation.

Does this mean you get a fun-filled night in the penthouse suite at the Bonaventure? No. If your demands are too unreasonable, with no rent control protection, the owner could evict you with a 30-day notice.

Ask Landlady Why Unit Exempt from Law

Q: I am hoping that you can answer some questions about my Los Angeles apartment. I have lived here for 3 1/2 years. When I moved in, the landlady told me it was under rent control.

The apartment is on the lower level of a two-story building that contains my unit, a single and the landlady’s apartment. There is also a converted-garage apartment, but it may be considered a separate lot.

Recently, the tenant who rented the single apartment died. The owners did not rent the unit. Now, the landlady is telling me that my unit is no longer under rent control. I have had only one rent increase since moving here, 3% in 1988, but now I believe she wants to give me a big rent increase. My question is, is my unit decontrolled and can she raise the rent to market level? I originally had a one-year lease. It has been converted to a month-to-month tenancy.

A: Duplexes are covered by the city of Los Angeles’ rent law. Your landlady may think that they are exempt because the city exempts one and two rentals on a lot--unless, in the case of two, they are “connected.”

For instance, a rented condominium is covered by the law because it’s “connected” to additional housing units, whether any of them are rented or not.

All that does not necessarily mean that you are still covered by the rent law, but it sounds like you are. I would ask the landlord why she thinks the unit is exempt. If she mistakenly believes she’s exempt because she did not re-rent the single, explain the situation to her.

If she claims she’s exempt for some other reason, ask her for a copy of an exemption certificate from the city, which the law requires her to get. If she can’t produce it, and she tries to raise your rent, you should contact the city’s Rent Stabilization Division at (213) 624-RENT.

Tell Owner He Is Liable for Troubling Tenant

Q: I am a tenant living in a five-unit apartment building in Los Angeles. We are covered under Los Angeles’ rent control law. The problem is that a new tenant has moved in and he is creating real problems for the rest of us.

He has verbally harassed the other tenants and has attacked me with a weapon. My roommate and I have obtained a restraining order against this troublemaker, but he continues to violate the order and has been arrested twice. Each time he has been released.

The owner is aware of the situation and is concerned, but is not taking any action. Moving is not an option for the good tenants living in the other four units, but we fear for our safety. Here’s my question. Can I/we (all of the tenants) evict another tenant? Help!

A: Tenants may not evict other tenants, no matter what the circumstances. But if you can get the owner to cooperate, you can “help” evict the tenant. Make the owner aware that should this problem tenant injure one of you, the owner may be liable because he knows about this dangerous condition and is failing to act to correct it.

Civil Code Assures Right to Key Refund

Q: I live in Santa Ana and I have a question for you. You recently answered a question headlined “Last Month’s Rent a Security Deposit.” You mentioned a key deposit and said that if you left such a deposit and subsequently returned all the keys to the landlord that he must then refund that portion of the deposit to you, regardless of any unpaid rent or damages.

Can you tell me the code section that you derived this from or is there case law?

A: It comes from the California Civil Code Section 1950.5, part (b), paragraph (4).

Part (b) says, “As used in this section, ‘security’ means any payment, fee, deposit or charge, including, but not limited to, an advance payment of rent used or to be used for any purpose, including, but not limited to, any of the following:”

Paragraph (4) says: “To remedy future defaults by the tenant in any obligation under the rental agreement to restore, replace or return personal property or appurtenances, exclusive of ordinary wear and tear, if the security deposit is authorized to be applied thereto by the rental agreement.”

So what does all that mean? It means that an owner should return any portion of a “key” deposit, regardless of unpaid rent or damages. And what happens when an owner doesn’t do so? You may then sue him in Small Claims Court. However, be careful when exercising this right if there is unpaid rent or damages exceeding the amount of such deposits. You could wind up losing more than you gain.