Results 1 to 9 of 9
  1. #1

    Post How Much Notice Is Required To Evict

    I live in a rent controlled apartment in Los Angeles and was recently on a year lease. The landlord did not give notice prior to the end of the lease that he wanted me to sign another one of like terms nor did I request a new lease or state that I would move at the end of the term.

    He implied eviction in a letter served less than one month before the end of term and then came back with an illegal rent increase on a photocopied lease the DAY BEFORE MY LEASE WAS UP because he refused to pay the relocation fee. I could not sign this because it was not of "like and similar terms" per the LAHD. I told him he could raise it legally 5% with a 30-day notice. He then came back TWO DAYS AFTER the lease was up and I had paid rent (which he has yet to cash as of 9/29!) and gave a pre-dated letter (dated 9/1) that my "new one year term would begin on 91/07..." SO there was no 30-day notice...in fact, it was a negative 2 day notice! He also gave me a BLANK LEASE. So, seeing as it's not of "like and similar terms" since it's blank, and there's a clause in the lease that stipulates I need to give notice of not renewing 30 days PRIOR to end of term and it's implied that he needs to do the same...can he evict if I don't sign this?

    I have already put a deposit down on another apartment because I can't take my living experience anymore but can't move in there till 12/1...I am planning on giving the lease (filled in with the same terms, the 5% increase amount, and MONTH TO MONTH) along with a 60 day notice of intent to vacate. Same question...can he evict me for not signing a one year lease? Would it behoove him to do so if i'll be out of his hair in 2 months? If he CAN evict...does he at least have to give me 60 days notice because i've been in the apartment for over 6 years?

  2. #2
    panther10758 Guest

    Default Re: how much notice is required to evict?

    Depends on what eviction is for. If its failure to pay rent they must first give you a notice to pay rent or quit. If not the case they must give you a notice to vacate now this can be 30 or 60 days depending on state if not out by that time frame they can go to court and begin eviction process.

  3. #3

    Default Re: how much notice is required to evict?

    I believe he would do it for not signing a lease...but the first lease he gave us we COULDN'T sign because it had an illegal rent increase and was given the day before my lease was up. The second lease is blank...he didn't fill in the terms.
    I'm in the state of California and have lived in a rent controlled building for over 6 years.
    I just want to know how many days notice he has to give for refusing to sign a lease. I am perfectly happy to sign it as a month-to-month since he didn't tell us he didn't give us this new blank lease till AFTER my lease term was up. The only notice he gave PRIOR to the end of term was an implied eviction which was unlawful and I pointed it out...that's why he came back with a lease, and presumably with the intent to evict if we didn't sign it.
    I'm giving notice to move myself but don't want him to try and evict out of spite and me out on my butt for a month in between places. I DID pay the rent, on time, and sent a copy certified mail stamped on the 1st of Sept so he can't say I didn't pay...he just hasn't cashed it because I believe he knows that if he does, he's legally agreeing to month to month.

  4. #4
    panther10758 Guest

    Default Re: how much notice is required to evict?

    I could be wrong but sincec you have no breached any rental agreement its my understanding CA law requires he give you 60 days notice to vacate but ti could be 30 it cant be less than that

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: how much notice is required to evict?

    Here's information on California notice periods.

  6. #6

    Default Re: How Much Notice Is Required To Evict

    Thanks all for the advice...

  7. #7

    Default Re: How Much Notice Is Required To Evict

    Folks..generic CA law for terminations does NOT work the same in Los Angeles rent/eviction control at all. Unless well educated about the L.A. specific eviction process, process, etc...best not to advise.

    There are two sets of eviction reasons for L.A..one in which the LL has to pay outrageous relocation fees, the others no. Failure to resign the agreement falls under the NO NEED to pay to eviction...

    A. A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds:

    5. The tenant, who had a written lease or rental agreement which terminated on or after the effective date of this chapter, has refused, after written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or violative of any provision of this chapter or any other provision of law.

  8. #8
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: How Much Notice Is Required To Evict

    And the unusal notice period that results is... what?

  9. #9

    Default Re: How Much Notice Is Required To Evict

    So we are moving into a new place on the 1st of November but I'm going to pro-rate a few days so till about 11/3 for overlap...
    Am I ok with the 30 day notice, using the last month's rent paid upon move-in AS my rent for this month and NOT sign the lease he was asking for since i'm moving anyway? I was thinking i'd just pay the %5 increase owed (since he has the rent base amount with the money I paid 6 years ago upon move-in) as well as money for the three or so days in November...is that legal?

    1. Sponsored Links
       

Similar Threads

  1. Giving Notice: Is the 60 Day Notice Required or Can I Give a 30 Day Notice State of Virginia
    By etg2011 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-23-2011, 06:40 AM
  2. Giving Notice: Am I Required to Give 60 Days' Notice to Move Out if It's Required By My Lease
    By voxclone in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-23-2011, 10:43 AM
  3. Eviction Process: What Steps Are Required to Evict an 18-Year-Old from Home
    By turbotrader in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-20-2011, 09:09 PM
  4. Security Deposits: What Notice is Required Notice to End a Lease
    By BLIND JUSTICE in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-17-2011, 09:11 PM
  5. Eviction Notices: Notice to Evict, Payments Are Current
    By pennylanebt in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 08-30-2009, 03:12 PM
 
 
Sponsored Links

Legal Help, Information and Resources