Los
Angeles City Council Acts to Protect Long-Term and Elderly Tenants from
Fake Owner-Move-In Evictions On
June 9, 2009, the City Council passed an amendment to the Rent Stabilization
Ordinance that limits which tenants can be evicted for owner-move-ins.
Previously, many elderly, long-term tenants could be evicted when an owner
wanted to move into his rental unit. While there's nothing particularly
wrong with that in general, many real estate speculators purchased properties
at a discount and then started evicting all the long-term and elderly
tenants under the guise that they, and their family members, were moving
in. Until this week, the new owner had an unlimited amount of time to
move in, and only had to stay six months. Naturally, some owners did this
(or pretended to) just to get rid of below-market-paying tenants.
NOW,
elderly, long-term and terminally ill tenants cannot be evicted for owner-move-ins,
and to evict someone for owner move-in, the owner has to move in within
three months and stay in the unit for 24 months. In other words, the owner
has to really want to live in the place--not just camp there for a few
months so he can raise the rent to market. KUDOS.
Important
New Federal Protections for All Tenants are Here Now! On
the national front, if you are a tenant (not prior owner) in a home that
is foreclosed upon, the new owner must give you NINETY (90) days' notice
to move before it can proceed to evict you.
And
You Think YOUR Landlord is Bad...
Congratulations to KTTV Fox11 for writing maybe the best landlord-tenant
headline ever: "Landlord Wants Rent After Massacre." It seems
that the Broadcreast Foothill Apartment Homes in Covina is seeking $2,821.23
from the estate of Alice Ortiz because after Mrs. Ortiz, along with her
son, and other members of her family, were murdered on Christmas Eve by
a deranged Santa Claus, she had the nerve to stay dead and not pay her
rent for January. According to the management company, this oversight
by the late Mrs. Ortiz constituted "insufficient notice to vacate."
Tenant in Foreclosed Home? If You Live in Los Angeles, Stay Put!
In December (2008), the Los Angeles City Council enacted a new law to
protect tenants in foreclosed properties. If your house/building was foreclosed
upon after December 17, 2008, the landlord must show good cause to evict
you. That means, the bank cannot just give you a 30 or 60 day notice to
quit--it can only evict you for not paying rent, or for some other good
reason (like, for example, you're operating a meth lab in the house).
Note that this only applies to TENANTS in foreclosed homes--not the former
owners.
So, if you
are a renter and a broker comes to your home and tells you you "have
to leave" and they will give you $2,000.00 for the keys, do not believe
the broker. Many brokers in Los Angeles seem to be doing this, even though
they know of the new law. The companies that these brokers work for may
soon find themselves on the wrong end of a class action lawsuit if some
smart tenant's rights attorney can find the time to sue them. In the meantime,
DO NOT MOVE. Check with an attorney to make sure the eviction notice is
legal before you start packing up.
Suicide
is Not a Good Soloution to the Problem of Eviction.
There has been a lot of news lately about people killing themselves because
of finances and/or because they are being evicted from their homes of
many years. It is well established that eviction is a stress-inducing
event, along with having financial difficulties [Holmes-Rahe Life Social
Readjustment Rating Scale, 1967]. If you are thinking of killing yourself
because of finances or eviciton, please call the Los Angeles County Suicide
Hotline at (877) 7CRISIS [that's (877) 727-4747]. There are suicide hotlines
throughout the state of California, too. Click
here.
How
Not to Run an Apartment Building.
On January 18, 2008, a Los Angeles jury socked a Burbank, CA landlord
and property management company for $10.8 million dollars for hiring a
felon and registered sex offender to be a maintenance man in the apartment
building. Apparently, in 2004, the "Super" raped and killed
one of the tenants of the building, and then stuffed her body into a car
trunk and left the car in Chinatown. Then, in 2005, he was also convicted
of sexual battery and burglary involving another tenant in the same building
(the Scott Villa Courtyard Apartments). Had the management company done
a proper background check, they would have found that the maintenance
man had been convicted of sexual battery in 1996 and burglary in 1999.
I'm all for giving second chances to convicted felons who have served
their time, but maybe it's not such a good idea for a property management
company to give sex offenders and burglars keys to everyone's apartments.
Law Office of Frances M. Campbell
A Professional Corporation
8050 Melrose Avenue, 2nd Floor
Los Angeles, CA 90046