Does rent control cover houses too? That depends
Question: How can I find out whether the house I rent in Venice is covered by rent control?
Answer: Venice is a part of L.A., which has a rent control ordinance that covers most apartments that were issued first Certificates of Occupancy before Oct. 1, 1978. Most single-family homes are exempt regardless of when they were built.
However, there are some limited situations in which rent control applies to single-family homes that were issued their first Certificates of Occupancy before Oct. 1, 1978. For instance, if there are two or more residential structures on a lot, and one is rented out, rent control applies.
To find out whether your rental home or apartment is covered by the city’s ordinance, call the rent stabilization division of the Los Angeles Housing Department at (866) 557-7368.
--
That year’s lease may last a lifetime
Question: Are one-year leases in Los Angeles good for a year or are they good for life? After the lease is up, can you evict someone or simply not renew the lease? If you do not renew the lease and ask them to leave, are you obligated to pay the tenant relocation assistance of $9,040?
Answer: I assume that your rental falls under the Los Angeles rent control ordinance and is subject to its eviction protections and relocation payment provisions. If your rental is not covered by the ordinance, these provisions do not apply.
While all one-year leases are good for one year, some may turn into lifetime tenancies even if you do not renew them. That’s because state law automatically converts non-renewed leases into month-to-month tenancies, and you generally cannot terminate a tenancy under rent control without cause.
In some cases, known as “no fault” evictions (where the tenant is not at fault), if you qualify, you can ask a tenant to leave, but you are required to pay him or her minimum relocation fees of $9,040 if the renter has lived there for one year or more.
Tenancies of less than a year do not qualify for relocation assistance.
--
See the judge for late-rent penalties
Question: What is the maximum late-rent fee that a Los Angeles landlord can impose after a five-day grace period?
Answer: There is no maximum amount spelled out in state or local law, so I cannot answer your question precisely, but I can offer you guidance.
Since neither state nor local loaws define late fees, the task of determining how much is too much has fallen to the courts. Most courts (not all), have ruled that 6% of the monthly rent is allowable in our current economy. That number can be redefined by the courts at their discretion.
It is an incredibly bad idea to charge daily late fees because they can quickly exceed 6% and become unacceptable to the courts.
Also, grace periods for the late payment of rent are not required by law. Many apartment owners and renters are confused by this because so many owners voluntarily give their renters grace periods that many believe it is the law. It is not.
--
Kevin Postema is the editor of Apartment Age magazine. Send comments to aptlifeaagla@aol.com, or mail them to Apartment Age, 621 S. Westmoreland Ave., L.A., CA 90005.
