Patient Landlord’s Eviction Notice Ignored
QUESTION: I live in Palm Desert and I have a question about how to properly notify my renter that I intend to terminate her month-to-month rental agreement.
I sent the tenant a certified letter giving her 60 days notice, instead of the 30 days required by state law. After numerous entreaties from the tenant, I extended it to 90 days. Now, after 100 days, the tenant still won’t leave.
My eviction attorney says that I have failed to comply with the state’s “nail-and-mail” requirements. He told me I had to either hand her a notice about moving or both “nail” (post a notice on her door) and “mail” (mail her one).
Certainly, I can understand that the law was designed to protect a tenant in case a letter is lost in the mail. But the tenant doesn’t dispute getting the notice. Is this going to be a technical problem with my eviction? Must I serve the tenant with a new notice?
ANSWER: You say that “the tenant doesn’t dispute getting the notice.” If you are correct at trial, you should win your case and no further notice will need to be served. The fact that you gave more than the legal minimum notice is irrelevant.
From now on, when you don’t serve a notice in person, and you must nail-and-mail, send the notice via first-class mail, rather than certified mail. The tenant may not accept the certified delivery, leaving you without proper service once again.
Renter’s Entitlement When Forced to Move
Q: I have lived in my Van Nuys apartment since October, 1989. It is the last building of many torn down to make way for a new multiphase condo project being built.
When I signed the rental agreement, I also signed a release stating that if I had to move sooner than 18 months from the date of signing, I would be given 120-days notice with the last 60 days rent-free.
Now, I hear that the law says an owner must give the tenant the last 90 days rent-free if he is tearing down an old structure to replace it with new, higher-rent units. Is this true? If so, is my 60-day agreement voidable in favor of 90 days of free rent?
Also, your organization referred me to a disconnected phone number, (818) 624-RENT. What happened?
A: The Los Angeles Municipal Code No. 47.07(d)(2)(a) requires that the owner provide you with a list of comparable rentals within the 120-day notice period required by the state, of his intent to demolish. He is, however, only required to give you a 30-day notice to move.
The owner must also pay you relocation fees of either $2,000 or $5,000. The elderly, handicapped or those with minor children get $5,000. Others get $2,000. The landlord is not required to give you any free rent.
About the phone number, it’s (213) 624-RENT. We apologize for any miscommunication.
‘Good Samaritan’ Stuck With Tenant
Q: I know that your column is dedicated to helping landlords and tenants solve their problems, but I have a problem for which I can’t see a solution. I am not a landlady, just a soft touch.
I took a friend into my Los Angeles home a while ago. She turned out not to be a very good friend. She had been abused by a live-in boyfriend, was ill, had head injuries and was unable to work or drive. She and her three cats moved into our home and I took care of her until she was better.
Because my husband is allergic to cats, she moved into my empty garage apartment. I don’t normally rent this 200-square-foot cubbyhole because we have seven kids who periodically come home to roost for a while between jobs. Also, we live in an area zoned R1, where such rentals are prohibited.
This all started nine months ago. There was only a “gentleman’s agreement” that she would leave as soon as she got well. There is no lease or rental agreement, or first or last month’s rent. In fact, she has never paid me a penny. Every month she said she would get a job and be able to move soon. Nothing has happened.
Is she a renter or not? What rights does she have, if any? Am I stuck because I was a good Samaritan, or can I file trespassing charges against her?
A: Since she took possession of a separate unit with your consent, you probably have a “tenant at will,” which means that she entered legally and can only be removed the same way. As such, she is entitled to a 30-day notice to vacate. If she does not respond to that notice, you will have to evict her through an “unlawful detainer” action, the standard method to evict such an occupant.
Postema is the editor of Apartment Age magazine, a publication of the Apartment Assn. of Greater Los Angeles, an apartment owners’ service group. Mail your questions on any aspect of apartment living to “Rentformation,” Apartment Assn. of Greater Los Angeles, 621 S. Westmoreland Ave., Los Angeles, Ca lif. 90005-3995.
