What are tenant’s legal rights? Well, that depends ...
Question: I have been living for the last 20 years in a month-to-month rental in a single-family residence. The landlord now is selling the property. What type of notice will I be given, 60 or 90 days? Does it go by the close of escrow? What if I stay? Also, is the landlord responsible for any cost in my moving expenses?
Answer: The answer to your question depends on the definition of your housing situation and locale. Are you a bona fide tenant or just an individual renting a room in someone’s house? Are you sharing the home with other renters? Is the house a duplex or sharing the lot with another residence?
Renter definitions vary greatly and matter mainly because your situation and location may be protected by state laws or city regulations. In Los Angeles, rent control definitions are quite complicated and can be explored either by calling the Rent Stabilization Department at (866) 557-7368 or through the link at lacity.org/lahd.
The city site has a “Renters” link that leads to the Rent Stabilization Ordinance. The next window offers details that extend over a cornucopia of dwelling possibilities. If granted a certificate of occupancy on or before Oct. 1, 1978, apartments, condominiums, town houses, duplexes and two or more dwellings on the same lot are usually controlled. Other restrictions apply. According to the site, rent control may apply to “rooms in a hotel, motel, rooming house or boarding house occupied by the same tenant for 30 or more consecutive days.”
Still not sure where you stand? The California Department of Consumer Affairs, at www.dca.ca.gov/publications/landlordbook/index.shtml, has a list of 15 cities currently covered by rent control. The “Tenant Information and Assistance Resources” choice provides valuable links for renters seeking advice. You also can call (866) 320-8685 and request a copy of the handbook.
If local law is silent, California law chimes in to define tenant rights. According to the Consumer Affairs site, “A landlord can terminate a tenancy simply by giving the tenant 30 days’ advance written notice.” Exceptions abound. Only a month-to-month tenancy can be terminated in that time frame; if you have a lease in effect, that has to be honored by the owners of that property, even if it changes hands. A 60-day exclusion may apply to those residing for more than a year in the same rental. For notice purposes, the close of escrow should not have any bearing on the timing.
A 90-day notice may apply if the landlord is receiving rent or other payments from the Department of Housing and Urban Development on your behalf or any state or local housing program funds. Rules for subsidized housing are complicated and should be defined by the agency or service providing assistance or legal resource.
If at the end of the notice period you still remain in the rental, an unlawful detainer, also known as an eviction, can be filed against you. Before you decide to fight the eviction, be warned: Your credit and future referral chances may be negatively affected.
If you believe you have the right to still occupy the place, or are entitled to benefits, don’t go it alone; consult with a legal-aid or housing-clinic attorney or landlord-tenant program in your area.
As for moving expenses, if you’re covered by L.A. rent control, relocation benefits may be available. Relocation amounts are based on various factors, such as the age and family status of tenant, as well as length of occupancy.
What if there are no known laws that cover your situation or you’re hesitant to pursue legal options? If you can, sit down and talk to the landlord. Explain your needs in a nonconfrontational manner. Ask if your tenancy can be extended until you can find other accommodations. Be sure any agreements are put in writing.
Ask for a written reference to help secure a new place to call home. If you’ve proven yourself a good tenant, another opportunity should come your way.
--
Reader comments may be sent to hmayspitz@gmail.com.
