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xandrom

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Posts: 57
Reply with quote  #1 
I have a Section 8 tenant in the City of Los Angeles in a rent-control building who's lease, I decided, I did NOT want to renew.  I informed the Los Angeles Housing Authority and they told me to give the tenant a 90 day notice to move without cause.  In other words, I don't have to have cause to chose not to renew the lease so long as I give a proper 90 day notice to the tenant that I have no intention to renew the lease.

Well of course 90 days has gone by and the tenenat is still living there.  I called my attorney and he said that the 90 day notice rule has been abandoned and that I am obligated to accept the tenant's portion of the rent.

I cannot believe that.  Do any of your readers/contributors know of such a change in the City of Los Angeles subsidized housing world?

Indeed, my attorney doesn't want to take the eviction case because of this change in 90 day notice statute.

I looked at the housing authority's website and I don't see any announcement to that effect whatsoever.

I'm perplexed.  Help.

Xandrom
CPM

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Posts: 11
Reply with quote  #2 
I'm not familiar with LA's rental ordinances; however, I can't believe any jurisdiction in the country can force a landlord to renew a lease so long as proper notice has been served.  I'd get a second opinion from another attorney.
xandrom

Registered:
Posts: 57
Reply with quote  #3 
Believe it or not, I did get a reputable opinion from an L.A. attorney who specializes in this area of the law.  In rent control Los Angeles, if you have a Section 8 tenant, you can NEVER say NO to renewing their lease.......unless you have "valid cause"!

What does that mean?  It means if the Section 8 tenant is selling drugs on the property, selling sex for money, etc., then you notify Section 8 as to what is going on, provide as best proof as you can, and then it is up to the Section 8 Case Worker as to whether or not that is good enough to not renew the lease.

If the Landlord succeeds in convincing the Case Worker that this Section 8 tenant must go, then you have to give the Section 8 tenant a 90 Day Notice to Move after the existing lease has had its anniversary.

So in Los Angeles under rent control, if you accept Section 8 tenants, you better be sure as a Landlord that you love 'em.

Thanks for your feedback.

Xandrom
OHlandlord

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Posts: 3,734
Reply with quote  #4 
This goes farther than s8.  In rent control areas, you often cannot terminate ANY tenancy except for cause.  Under rent control, a m2m can stay indefinately unless you can prove one of the approved causes to deny housing. 

See your rent control laws.  There is a list of acceptable reasons to terminate a tenant.  If your tenant falls under one of the reasons to termnate, make sure you document the cause so you can prove it to the rent control board.

If a tenant falls under one of the causes to terminate, a 90 day notice is usually not necessary.  But verify this through the rent control board and the section 8 housing authority since these laws can vary by city.
xandrom

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Posts: 57
Reply with quote  #5 
Absolutely correct OHlandlord.  It DOES go well beyond Sec. 8 in a rent control property.  Which begs the question, is it worth even buying a property when it is under rent control.  I guess that would depend on how the math would pencil out.  But be prepared for aggravation too.

Thank you OHlandlord.

xandrom

and Happy 4th of July
cedy

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Posts: 7
Reply with quote  #6 
Yeah i think your are abolutely correct ohlandlord. It is does go to well beyond Sec. 8 in a rent control property. The wich begs the question, is it worth even buying a property when it is under the rent control. Its my personal opinion....
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oddy1113

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Posts: 23
Reply with quote  #7 
The landlord the same amount of notice as there are days  would still be responsible for payment of the rent for 30 days .



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