Eviction for Occupancy by Landlord or Landlord’s Family Under the Los Angeles Rent Stabilization Ordinance
Under the Los Angeles Rent Stabilization Ordinance, a landlord can evict a tenant to occupy a unit him or herself or for a landlord’s family member. Los Angeles Rent Stabilization Ordinance Section 151.09(A)(8) permits an eviction when a landlord seeks in good faith to regain possession of a rental unit for use and occupancy by […]
Is Your Unit Subject to the Los Angeles Rent Stabilization Ordinance?
Whether or not your property is subject to the Los Angeles Rent Stabilization Ordinance (“LARSO”), the name for Los Angeles’ rent control ordinance, is important to know. The City of Los Angeles Housing and Community Investment Department provides a list of whether or not a property is subject to the LARSO. First and foremost, the […]
When does a Landlord Have to Pay Relocation Costs Under the Los Angeles Rent Stabilization Ordinance?
Under the Los Angeles Rent Stabilization Ordinance (“LARSO”), a residential landlord must pay relocation costs to a tenant if a landlord is evicting a tenant for a condominium conversion or for “no fault.” There are several instances that are considered “no fault” evictions, including: The landlord seeks in good faith to recover possession of the […]
Can I Prohibit a Jury Trial in a Lease Agreement?
I have recently come across some older leases and rental agreements that have provided that jury trials are prohibited. Generally these clauses in the lease or rental agreement read that a tenant cannot request a jury trial in any lawsuit between the landlord and tenant. These clauses are unenforceable in California. Although the two parties […]
Legal Reasons to Evict a Tenant in City of Los Angeles
There are always a lot of questions as to why and when a landlord can evict a tenant if the unit is subject to the Los Angeles Rent Stabilization Ordinance (“LARSO”), also known as Los Angeles Rent Control. The LARSO only applies to properties that have more than one unit (even if you live in […]
Ninth Circuit Finds Newport Beach Ordinance Regulating Group Homes Discriminatory
The Ninth Circuit recently found that Newport Beach’s regulation of sober living homes violated the Fair Housing Act, the Americans with Disabilities Act, the California Fair Employment and Housing Act, and the Equal Protection Clause of the U.S. Constitution because the ordinance practically prohibited new group homes for recovering alcoholics and drug abusers from opening […]
Three Day Notices in a Commercial Eviction
Commercial evictions can be different from residential evictions in many ways. One very important difference is that in a commercial eviction, a landlord may accept a partial rent payment after a Three Day Notice is served on a tenant and still continue with an unlawful detainer. However, the landlord must provide the tenant prior notice […]
Landlord Must Disclose Notice of Default to Prospective Tenants
Starting on January 1, 2013, any landlord who rents a unit on property containing one to four units must disclose to prospective tenants any receipt of a notice of a default if it has not been rescinded. The landlord must disclose the notice of default prior to executing the lease or rental agreement. Violation of […]
Failure to Maintain Renter’s Insurance Not a Material Breach Under Residential Rental Agreement and Los Angeles Rent Stabilization Ordinance
In a recent decision by the Court of Appeal, a landlord was unable to evict a tenant who did not have renter’s insurance as required by her rental agreement. This decision has important implications for landlords in the City of Los Angeles, subject to the Los Angeles Rent Stabilization Ordinance. A copy of the decision, Nivo […]
Prohibiting Jury Trials is an Unenforceable Clause in a Rental Agreement
I have recently come across some older leases and rental agreements that have provided that jury trials are prohibited. Generally these clauses in the lease or rental agreement read that a tenant cannot request a jury trial in any lawsuit between the landlord and tenant. These clauses are unenforceable in California. Although the two parties […]