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Q: Eviction Notice?? ( Answered 5 out of 5 stars,   2 Comments )
Question  
Subject: Eviction Notice??
Category: Family and Home > Home
Asked by: pokerpro-ga
List Price: $9.00
Posted: 11 Jan 2003 23:46 PST
Expires: 10 Feb 2003 23:46 PST
Question ID: 141747
I live in West LA and I just moved into a new apartment in a brand new
complex.  Apparently there was a leak and now there is mold in my
kitchen.  I have complained from day one but the owner is taking his
time regarding this matter.  Out of frustration, I placed two signs on
my window reading "Got Mold?" and "This APT Has Mold, Does Yours?" 
The Leasing Manager has threatented to give me an eviction notice
tomorrow (1/12/3) if I do not take the signs down.  What should I do? 
What are my rights?
Answer  
Subject: Re: Eviction Notice??
Answered By: sublime1-ga on 12 Jan 2003 00:50 PST
Rated:5 out of 5 stars
 
pokerpro...

The following, from Tenant.net, the "online resource for
residential tenants", cites the following "eleven legal
reasons for eviction" in the L.A. City Housing Law:

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

1. The tenant has failed to pay the rent to which the
 landlord is entitled. 

2. The tenant has violated a lawful obligation or covenant
 of the tenancy, other than the obligation to surrender
 possession upon proper notice, and has failed to cure such
 violation after having received written notice thereof from
 the landlord.

3. The tenant is committing or permitting to exist a nuisance
 in or is causing damage to the rental unit or to the
 appurtenances thereof, or to the common areas of the complex
 containing the rental unit, or is creating an unreasonable
 interference with the comfort, safety, or enjoyment of any
 of the other residents of the same or adjacent buildings.
[Your landlord may argue that your behavior constitutes a 
violation of this regulation, especially if there have been
complaints from other residents.]

4. The tenant is using or permitting a rental unit to be used
 for any illegal purpose. 

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 a 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 violate of any provision of this Chapter or any other
 provision of law. 

6. The tenant has refused the landlord reasonable access to
 the unit for the purpose of making repairs or improvements,
 or for the purpose of inspection as permitted or required
 by the lease or by law, or for the purpose of showing the
 rental unit to a prospective purchaser or mortgagee. 

7. The person in possession of the rental unit at the end of
 a lease term is a subtenant not approved by the landlord. 

8. The landlord seeks in good faith to recover possession of
 the rental unit for the use and occupancy by the landlord,
 or the landlord's spouse, children, or parents, provided
 the landlord is a natural person, or for a resident manager.
 
9. The landlord seeks in good faith to recover possession so
 as to demolish, or perform other work on the building or
 buildings housing the rental unit or units and such work
 costs not less than the product of $10,000 times the number
 of units to be rehabilitated and such work necessitates the
 removal of the rental unit or units from rental housing use
 for not less than 45 days, except that if the landlord seeks
 to recover possession for the purpose of converting the unit
 into a condominium, cooperative, or communitive apartment. 

10. The landlord seeks in good faith to recover possession in
 order to remove the rental unit permanently from rental
 housing use. 

11. The landlord seeks in good faith to recover possession
 of the rental unit in order to comply with a governmental
 agency's order to vacate the building housing the rental
 unit as a result of a violation of the Los Angeles Municipal
 Code or any other provision of law.
http://www.tenant.net/Other_Areas/Calif/losangel/evic.html


The requirements for the eviction process are described on
this page, about 'Renter's Rights',  on the same site:

"The Eviction Process"

There are five steps to the eviction process:

1. You receive a written notice from the landlord asking
   you to move.

2. If you don't move, your landlord files a lawsuit called
   an "unlawful detainer."  In most cases you have only five
   days to respond.

3. You and your landlord go to court and explain your stories 
   to a judge or jury.

4. There is a court decision.

5. If you lose your case, you most move.  If you don't move, 
   the landlord is granted a "writ of possession."  Five days
   after the sheriff has delivered a notice to you or posted
   it on your door, the sheriff can evict you if you do not
   voluntarily move out.  This is the only way the landlord
   can have you physically removed from the property.

Further elaboration of each of these steps is available on
the source page:
http://www.tenant.net/Other_Areas/Calif/misc/tenant.html

With regard to 'written notice', there are different
guidelines for the different lengths of notice:

"Written Notice"

 A landlord can give several types of written notice.
 Usually written notice must be given at least 30 days
 in advance, yet in certain circumstances, three days'
 notice is all that's required.

 A three-day notice is given in such cases as when you
 have not paid the rent, have destroyed or damaged the
 property, or have violated the rules or regulations of
 the lease or rental agreement. A three-day notice must
 state why you are being asked to leave, and if the 
 problem is correctable, what you must do to stay.  If
 you correct the problem or if the landlord changes 
 his/her mind and agrees to overlook the problem, the
 three-day notice is cancelled (and the lease or rental
 agreement continues in effect) and you do not have to 
 move. (Sec. 1161 of CCP - Code of Civil Procedure)

 A 30-day notice is given if the landlord simply wants
 to end the rental agreement -- the landlord does not
 need to give a reason unless you live in a federal or
 state subsidized housing development. Generally a lease
 relationship cannot be ended by a 30-day notice. 
 (Sec. 1946 of CC)  A 30-day notice is required if your
 place has been involuntarily sold (for example, at a
 judgment or foreclosure sale), unless you have a rental
 period that is shorter than one month (such as a week to
 week rental, in which case you need to be given only 
 seven days' advance notice).  However, if your landlord
 voluntarily sold your place, the new landlord assumes
 the same terms and conditions (for example, the rental
 agreement or lease) which you had with the previous
 landlord. (Sec. 1161a of CCP)
http://www.tenant.net/Other_Areas/Calif/misc/tenant.html


Please do not rate this answer until you are satisfied that
the answer cannot be improved upon by means of a dialog with
the researcher through the "Request for Clarification" process.

sublime1-ga


Searches done, via Google:

tenant rights
://www.google.com/search?hl=en&ie=UTF-8&oe=UTF-8&q=tenant+rights
pokerpro-ga rated this answer:5 out of 5 stars
thanks sublime....
looks like the signs worked, they are moving to a new unit today

Comments  
Subject: Re: Eviction Notice??
From: expertlaw-ga on 12 Jan 2003 09:34 PST
 
Your rights may depend upon the terms of your lease. If your lease
runs month-to-month, the landlord can terminate your lease. Depending
upon state law, this termination may occur following one month's
notice, or following the conclusion of the next full rental period. If
you leased the premises for a longer period, such as a year, you have
greater protection from eviction during the term of the lease, as
outlined above by sublime1-ga.

If you have made reports of the problem to agencies with authority
over rental housing, even if your lease is month-to-month, you may be
able to defend against eviction by claiming that it is a retaliatory
eviction. This again depends upon state law. (However, it is unlikely
that you would receive any protection from retaliation for having
signs in your window about the premises.)

If there are vacancies in the complex, perhaps your landlord will
allow you to change apartments in order to resolve the problem.
Subject: Re: Eviction Notice??
From: sublime1-ga on 12 Jan 2003 18:13 PST
 
pokerpro...

I'm glad it worked out for you. Best regards...

sublime1-ga

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