Legal Q & A

If in the city of LA does indeed have the Moratorium end as of January 1, 2023. and the landlord evicts for no fault to occupy himself what is the timing regarding notification. Also how long would the landlord need to occupy. Is there danger negotiating with the tenant if the tenant is not able to move within the two month period for no fault?

Assuming that the unit is under RSO. You will not be able to commence any action unless the moratorium is declared over. You will need to go through a...

Is Section 8 renters subject to California's rent control law? Can you raise the rent up to the HUD limit on the type of housing you have?

Section 8 is not under Statewide Rent Control. All increase have to be approved by Section 8....

Can we raise rent in LA city and unincorporated LA now?

Both areas are prohibiting rent increase for properties subject to the Los Angeles City and Los Angeles County rent control statutes. ...

I am just now reconciling my rental incomes from 2021 due to a life threatening illness. As I am preparing for my 2021 tax, I noticed there is no record of any electronic payment nor any deposit from one of my tenants for the Dec 2021 rent, can I still collect this rent? If so, how do I go about doing that? What if she says she did make a payment, should I just take her word for it?

Ask the tenant to show proof of payment. If no proof is given, you can initiate an small claims action if the tenant refuses to pay. ...

Trying to evict a Section-8 tenant in the City of Long Beach for non-payment of rent in the last 2 months. Because Section-8 landlords receive federally-subsidized rent, I’ve been hearing that due to CARES Act, a “30-Day Notice To Pay Rent or Quit” must be served, but no such form exist on either EVICT123 or AOA websites; only 3-Day Notices. How do I properly serve notice to pay rent in 30 days or quit?

You only need to serve a standard 3 day notice to pay rent or quit. ...

I own a duplex in Hermosa Beach (no rent control) and would like the upstairs tenant to move out so that my daughter can move in. The tenant has been there for 4 years. The downstairs tenant has been there for only 2 years. Can I ask the upstairs tenant to move out as my daughter would prefer the upstairs? Or Is it true that I have to have the most recent tenant move (downstairs)?

The rule you refer to is not contained in AB1482-Statewide Rent Control. You can ask either tenant to move. Substantial relocation would have to be pa...

Question: Several of our tenants have complained to us about the neighboring property. The people who live there work on their cars in the driveway at all hours, and have loud and wild parties almost every weekend until dawn. What are my legal responsibilities?

Answer: You have a right to inform the owner of the neighboring property and request their assistance in resolving the problem. Recommend that yo...

Question: One of our tenants recently requested that we paint the inside of her apartment. She has threatened to do it herself and deduct the cost of the paint from the rent if we do not have it painted within the next two weeks. Is she legally able to carry out her threat?

Answer: Unless the condition of the walls rendered the premises uninhabitable, the owner is under no obligation to paint the unit at the request ...

Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case?

Answer: The court will allow any relevant evidence that tends to prove the condition of the premises during the time in question. Since the purpo...

Question: A tenant wants to use the last month’s rent, which was paid at the time of the lease signing, for this month’s unpaid rent. If he is not moving out, can he do so?

Answer: Not unless your rental agreement provides that the tenant can use the last month’s rent deposit at any time, which it should not do...

Is Section 8 renters subject to California's rent control law? Can you raise the rent up to the HUD limit on the type of housing you have?

Can we raise rent in LA city and unincorporated LA now?

Question: Several of our tenants have complained to us about the neighboring property. The people who live there work on their cars in the driveway at all hours, and have loud and wild parties almost every weekend until dawn. What are my legal responsibilities?

Question: One of our tenants recently requested that we paint the inside of her apartment. She has threatened to do it herself and deduct the cost of the paint from the rent if we do not have it painted within the next two weeks. Is she legally able to carry out her threat?

Question: Can we use a recent Section 8 inspection report as a standard of habitability in an eviction case?

Question: A tenant wants to use the last month’s rent, which was paid at the time of the lease signing, for this month’s unpaid rent. If he is not moving out, can he do so?

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