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  1. #1
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    Feb 2016
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    Default How to Get a Tenant Out of an Unpermitted Rental Unit

    My question involves landlord-tenant law in the State of: Los Angeles California

    Hello,

    We are in Los angeles, with an un-permitted back house garage conversion.

    The conversion was done before we owned the house and was quite nice. full marble bathroom, kitchenette, heater, loft, hardwood floors.

    11 years ago, we rented the unit to a friend of our neighbors. Very informal, no lease. Rent increases at never more than 3% ever few years.

    As time went by, the place became more and more wrecked. The tenant started to hoard and build junky craft decorations. He also became more and more detached from everyone.

    We never made a big deal out of anything he did.

    We then decided to ask him to move out. He said that it was much too inconvenient for him and needed 6 months. we told him that we needed it to be two months. I actively tried to find him another place, but he wasn't interested. Finally I received a letter from a free legal clinic. It stated that I didn't have the right to tell him to move out, as we had stated that my wife wanted to move her business into the unit. That apparently isn't a valid reason to ask someone to move out.

    So we gave up. This was two years ago.

    Now we want to try and move him on. We have been told that we should try to get him to sign a month to month lease. The goal is to include a clause that agrees that no one will sue for legal damages.

    I have a lease, which a neighbor landlord uses, It appears to be pretty good. We tried to do a more complicated lease, but it turned into lawyers asking for 2500 dollar retainers. Those leases appeared to talk about the same thing.

    Any ideas? We just were hoping that we could use our own house again at some point.

    Thanks

    I have attached the lease I want to submit:

    LEASE DOWNLOAD

  2. #2
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    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    It's not a surprise that the lawyers want a retainer -- your tenant is likely to again seek legal representation, and the unit is not permitted. You could be looking at a legal battle followed by an order that you provide relocation assistance. If it were me, I would offer him money to move out by an agreed date.

  3. #3
    Join Date
    Feb 2016
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    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    What about the lease, with the clause that states no one will seek legal fees?

  4. #4
    Join Date
    Mar 2013
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    16,671

    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    And not hand him the money until EVERYTHING is cleared out and he hands you the keys and signs a written agreement that he's surrendering possession to you.

  5. #5
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    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    Quote Quoting 22350
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    What about the lease, with the clause that states no one will seek legal fees?
    Inserting such a clause into your lease will not help you avoid the consequences of an illegal rental or the legal requirement for relocation assistance. Relocation assistance is not a "legal fee". Further, where a cause of action includes a statutory right to legal fees, I would expect such a clause to be held unenforceable against the tenant pursuant to Civil Code Sec. 1953(a)(2).

  6. #6
    Join Date
    Nov 2013
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    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    You always have the option to contact your local zoning and building code officials. If it is an illegal conversion and apartment where no permits were issued and no variance was issued and it violates your zoning ordinance, the officials could issue an order to vacate. That could have unforeseen consequences for you. But since you were not the owners that did the conversion, it may not be so terrible.

    You may not be able to rent out the unit but you would be able to use it for you family.

    Some building and zoning codes allow a non-conforming use to continue if not stopped by SOL and most don't. You would have to check into your local codes.

  7. #7
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    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    Quote Quoting budwad
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    That could have unforeseen consequences for you. But since you were not the owners that did the conversion, it may not be so terrible.
    One almost certain consequence -- the payment of relocation assistance. And those amounts are not low.

  8. #8
    Join Date
    Nov 2013
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    6,086

    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    No argument there. But it may save some legal fees.


    Eligible Tenant $7,550
    Qualified Tenant $15,150
    In the current time frame.
    A "qualified" tenant is any tenant who is: (1) 62 years of age or older; or (2) disabled as defined under California Health and Safety Code Section 50072; or (3) residing with one or more minor dependent children. All other tenants are "Eligible."
    That is of course if the apt is illegal with no certificate of occupancy.

  9. #9
    Join Date
    Feb 2016
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    3

    Default Re: How to Get a Tenant Out of an Unpermitted Rental Unit

    Wow, I guess it doesn't pay to let a guy live in your back unit, for far under market rate

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