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22350

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Posts: 1
Reply with quote  #1 
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 hord 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
RedFord150

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Posts: 125
Reply with quote  #2 
If you do not have a signed agreement, the law in CA views this as a "Month-To-Month Rental Agreement". Tenant has been there more than a year. In CA, you owe him 60 days notice in writing and properly served. You do not have to list a reason. I believe the legal-aid lawyer was bluffing.

I doubt the tenant would sign anything at this point. He would not benefit in anyway. He would know it is only to help you get him out.

Many property managers advise against a lease. Stick with "Month-to-Month". It is easier to evict when things go bad.

If tenant is late on rent, serve him a "3 day notice to pay rent or quit". you may luck out and he will not pay in time. You get him out a lot faster.

Hire a real attorney or even a paralegal and have notice served by them. If tenant does not comply, start eviction proceedings. If legal aid lawyer contacts you, refer them to your lawyer or paralegal.

Just be careful you are not committing any kind of discrimination or retaliation. If the unit is rent controlled, ignore my advice and contact an attorney.

Good luck.

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