Legal Question in Landlord & Tenant Law in California

Can i evict them?

The tenant has been living there for about 15 years and they will not sign a contract/lease or follow rules & regulations. I have asked them to vacate the premises & they will not. I only have one letter in writting asking them to clean up the mess on the front lawn and porch i gave them a deadline and they still have not cleaned up. They also say i cannot raise rent or utilities on them. They also said that in order to vacate the premises i need to pay them $17,000. Is this true & what can i do?


Asked on 5/07/09, 6:58 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Can i evict them?

it appears the building may be in Los Angeles which does have rent control. You need to get a complete copy of the ordiance and any amendments and rent board rules and carefully read through it. In many rent control cities they also have good cause eviction rules which basically say you can only evict for failure to pay rent and murder. Remember under state law you now must give long term tenants [lived there a year or more] 60 days notice for eviction.

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Answered on 5/07/09, 7:10 pm
David Gibbs The Gibbs Law Firm, APC

Re: Can i evict them?

Are you serious? No, none of what they have said is true. First, give them a 30 day notice of a rent increase - take it to whatever is fair market value for your area. Do consult with an attorney (as I will discuss below) as you appear to be in Los Angeles, and there are some interesting rules regarding rentals in LA. Second, hire an attorney, have the attorney prepare and properly serve them with a sixty day notice to terminate their tenancy. When they don't move at the end of sixty days, the attorney will file an Unlawful Detainer lawsuit, and have them legally removed from the property. While you may be reticent to get rid of them, consider this - how much below market is your rent, and how much value have they taken away from your building by treating it like trash? A few months to fix and relet the apartment is well worth the investment in terms of the rent you will get from a new, more respectful tenant. As the landlord, you are driving the bus - don't let them bully you around. You hold the ultimate hammer since they have refused to sign a lease - you can get rid of them with a sixty day notice WITH NO REASON AT ALL! Email me off the list - I'd be happy to help you get rid of these leaches.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 5/07/09, 7:46 pm


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