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  1. #1
    Join Date
    Jan 2009
    Posts
    11

    Default Eviction of Tenant in Illegal Unit - No Permit

    Property is located in Los Angeles, CA

    A unit was built in the backyard illegally. Basically, without a permit and certificate of occupancy. The lease has expired and the tenant is on month-to-month. I would like to remove the tenant with the intention of having a family member live there. Will the court hear the case even though it is an illegal unit?

    I researched the Los Angeles Municipal Code's Chapter XV "Rent Stabilization Ordinance" and found Article 1 Section 151.10 explaining evictions. It states, "A landlord may bring an action to recover possession of a rental unit only upon one of the following grounds...The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by...The landlord, or the landlord’s spouse; children, or parents..." Then it states, " If the termination of tenancy is based on the grounds set forth in Subdivisions 8...., then the landlord shall pay a relocation fee of: $15,300 to qualified tenants and a $7,000 fee to all other tenants who have lived in their rental unit for fewer than three years..."

    I am willing to pay the relocation costs mentioned above. So my question is, will this hold up in court? Can I start the regular process of eviction, go to the court, pay these fees, then obtain a writ of possession for the Sheriff to formally evict him? Or the Court will not even listen to the case because it is a unit without a certificate of occupancy?

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Eviction of Tenant in Illegal Unit - No Permit

    Why do you believe the rent control ordinances would apply to your illegal unit?

    Given that you're wiling, have you proposed simply paying your tenants to leave? How did they respond?

    Are they aware that the unit is not a legal rental unit?

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