Below are questions asked by rental property owners regarding California rent control laws followed by answers provided by eviction attorney Dennis Block.
Question One: My building is located in Sherman Oaks. We have a new tenant that has been bothering other residents by playing music at an excessive level. My warnings to him have not remedied the situation. He has only been in the building for three months and is on a month-to-month tenancy. Can I terminate his tenancy with a 30-day notice to quit?
Answer One: If your building received its Certificate of Occupancy after October 1, 1978, your property would be subject to the Just Cause Ordinance for the city of Los Angeles. This ordinance requires that you must have specific reasons to terminate a tenancy. Fortunately, there is an exception for tenants whose tenancies are less than six months. In this case, a 30-day notice would be proper, and no reason need be stated. If your property received a Certificate of Occupancy after said date, you would need to state the reason in your notice. If the tenant contests the eviction, you would need to have other residents testify if a trial occurs.
Question Two: I am serving a rent increase notice to my tenants. What are the requirements for this notice? Do I need to sign the notice and how should it be served?
Answer Two: A rent increase notice does not have to be signed. It is sufficient as long as the landlord is identified. If you are increasing the rent by 10% or less, a 30-day notice is required. If it is more than 10%, a 90-day notice is required. Serving of the notice can be accomplished by either personal service or by mail. If you mail the notice you will need to allow for an additional five days.
Question Three: My tenant is threatening to sue me because I deducted rent from her security deposit. My tenant is on a month-to-month tenancy. She gave me a 10-day notice that she would be vacating the premises. I was led to believe that a month-to-month tenancy can only be terminated by a tenant serving a written 30-day notice. Am I right and should I be worried?
Answer Three: Tell your tenant that she had better check the law before filing a lawsuit. California Civil Code 1946 clearly states that a tenant must serve a 30-day written notice to terminate a tenancy. On that basis, you were clearly justified in deducting an additional 20 days of rent from her security deposit.
Question Four: I recently needed to do a repair in one of my units. I served a proper Notice to Access the Dwelling. When I arrived, I knocked on the door and no one answered. I used my passkey to enter, and I realized that the lock had changed. I have since reached out to my tenant, but she refuses to supply me with a key citing concern for her safety. She advised me that she will allow me to enter only when she is home. I really do not feel comfortable without having a key case of an emergency. How should I handle this situation?
Answer Four: Assuming you have a written rental agreement, this would clearly be a violation of said agreement. This would be considered an alteration to the premises. As such, you should serve a Notice to Perform or Quit and if a key is not supplied within the stated time period, an eviction action could be filed. It should be noted that if your property is located in Culver City, Bell Gardens, Pomona or in an unincorporated area of Los Angeles County, a 10-Day Notice to Perform or Quit would need to be served. Other areas require a standard 3-day notice.
Question Five: My lease agreement prohibits having pets. I have a tenant that is constantly feeding feral cats in the neighborhood. These cats make a mess of my property, and the food also attracts rats. I have warned her to stop doing this, but she just ignores me. What are my options?
Answer Five: This would clearly be a violation of her rental agreement. Feeding cats would be considered maintaining pets on the property, which is a violation of most rental agreements. In addition, her acts constitute a nuisance. On this basis, a Notice to Perform or Quit should be served to your tenant. If the feeding continues, an unlawful detainer action should be filed.
Question Six: I purchased a building that has existing tenants. I immediately informed my tenants of my contact information which included where the rent is to be paid. One of the tenants refuses to send the rent payment. He calls me and tells me that I need to come over and pick it up. On many occasions he will call me, while I am close to the premises, and inform me that I need to come back another day. This causes me to waste 2 hours of my time. He refuses to mail it to me or even to do a direct deposit. Can I evict this person?
Answer Six: Clearly an owner has the right to determine the location where the rental payments are to be made. I would send him a letter indicating that you will no longer be picking up the rent and that he has to deliver or mail it to the address supplied. If rent is not received in a timely manner, I would serve a Notice to Pay Rent or Quit and commence an eviction.
Question Seven: My tenant served me with a 30-day notice to quit. He did leave timely, but I realize he was subletting the unit and there are people in possession. They have refused to move and even showed me a rental agreement that my tenant had with them. I called the police, and they said this is a civil matter. How do I get rid of these strangers?
Answer Seven: These persons would be considered unauthorized subtenants. Since your tenant terminated his tenancy, these “strangers” have no right to remain in possession. The proper notice is a 3-Day Notice to Quit. If these persons remain, an action can be filed. Do not accept any rent or this would establish a tenancy.
Question Eight: I recently purchased a single-family residence. The seller wanted to do a lease back where he would continue to occupy the premises for an additional 60 days. The purchase agreement clearly indicated the rental amount and when the lease would terminate. I was skeptical of this arrangement, but my broker told me that this is very common and there would be nothing to worry about. Well, I guess I should have listened to my own intuitions, as the seller is now refusing to move. I would like to sue my broker but, in any event, what type of notice should I serve on the seller?
Answer Eight: I generally do not advise clients to enter into this arrangement unless there is a penalty provision in the purchase agreement. This provision would require $25,000 to be left in escrow, which would be distributed to the seller only if the seller timely vacates. If this does not happen, the funds would be distributed to the buyer. In your case, no notice needs to be given. Since the buyer agreed to move on a specific date, an eviction can immediately be filed.
Dennis Block, of Dennis P. Block & Associates can be reached for information on landlord/tenant law or evictions at any of the following offices: Los Angeles: 323.938.2868, Encino: 818.986.3147, Inglewood: 310.673.2996, Long Beach: 310.434.5000, Ventura: 805.653.7264, Pasadena: 626.798.1014, Orange: 714.634.8232, San Diego: 619.481.5423 or by visiting www.evict123.com. Now, you can also read Dennis Block on Twitter, www.twitter.com/dennisblock or text him at (818) 570-1557. “Landlord Tenant Radio Weekly Podcasts can be heard at any time at www.EVICT123.com or download the app “EVICT123”.