New Owner Can’t Evict Senior Just to Raise Rent

Question: My 88-year-old mother has lived for 37 years in the same rent-controlled, four-unit apartment building in Granada Hills. She pays $400 a month for rent; the going rate is more like $750.

The building was put up for sale last week. Can I make an offer to the new owner, assuming that he will even listen, to pay the going rate of $750 so that she can stay there?

Otherwise, I’m afraid he will evict her to raise the rent. If he does decide to evict her, how much notice does he have to give her and what compensation does she receive, if any?

Answer: The owner cannot arbitrarily evict your mother because the rent is too low. If the new owner wants your mother to move out of the apartment so he can occupy her unit, he can do that under rent control. He is required to give her at least a 30-day notice to vacate the premises.

I always recommend that owners or renters give as much notice beyond 30 days as they possibly can.

Since your mother is a senior under the rent law (62 or over), she is entitled to $5,000 in relocation fees for the unit. Handicapped renters, or those with minor children under 18, also are entitled to $5,000 under the city of Los Angeles rent control law. Others are entitled to a $2,000 relocation fee.

Making an offer to the owner to pay the market rent for the apartment would be a violation of the rent control law, so he probably won’t listen to that proposal.

‘Ordinary’ Wear and Tear Is Debatable

Q: I live in Los Angeles and I have a question. What is ordinary wear and tear? We’re being charged for cuts in the cheap floor covering from dropping a can of soda on the floor. Is that reasonable wear and tear?

A: I don’t know. Defining ordinary wear and tear is difficult, at best. Part of the definition of reasonable wear and tear in this case depends on the composition of floor covering involved (for instance, tile is a lot more durable than linoleum) and another part on the duration of your tenancy, neither of which is indicated in your letter.

Perhaps this will help. New carpet or linoleum generally is defined by courts as having between three and eight years of useful life (even the courts can’t agree on precise wear and tear standards).

If you lived in the apartment for more than eight years, it is unlikely that the owner can charge you anything for “cheap” floor covering damages. If you lived in the apartment for less than three years, it is almost certain that you can be charged for floor covering damages. The shorter the term of your occupancy, the more money you can be charged for any damages.

Is Tenant Barking Up the Wrong Tree?

Q: I have lived in the same apartment for nine years in Los Angeles and I have a problem. What does a tenant do when the manager of the building is breaking the rules that he is there to enforce?

Every rental agreement that I have signed at the building has said “no pets allowed,” but the new manager, who moved in three months ago, has a dog that constantly barks when he is not at home, which is three to four days a week. I have complained several times to the manager, the management company and the owner, but nobody responds to my complaints. Who is ultimately responsible for the manager? What can I do about this situation?

A: The rules for the manager may not be the same as the rules for the tenants. He may be allowed to keep a pet in his apartment. Even if the rules are the same, there is not a lot you can do to enforce them unless a law is being violated.

Generally, when there is a management company involved, it has authority over the on-site property manager. Of course, the property owner, who hires the property management company, has ultimate control of the property, but he usually delegates most, if not all, management duties to a management company if one is involved.

Since you already have complained several times to the manager, management company and owner about the noise problem, you probably won’t get anywhere if you continue to complain to them.

If the noise (just about any noise) is excessive, you call LAPD’s Noise Enforcement Division at (213) 893-8123; however, that number is virtually always busy.

You’re probably better off calling your local police station to make a noise complaint. If that doesn’t work, you might consider moving.