Can my landlord wants to kick us out of our place so he can let some of his family take it over?

Question

I live in Los Angeles in a rent controlled area and I'm wondering if this is a legal reason for eviction. We've had no problems with him and always complied like good tenants, so the only reason he'd be kicking us out is to let his brother move in.

I live in Los Angeles in a rent controlled area and I'm wondering if this is a legal reason for eviction. We've had no problems with him and always complied like good tenants, so the only reason he'd be kicking us out is to let his brother move in.
And yes, I have a lease with him, which doesn't mention this sort of thing. In rent controlled places in LA, the law generally trumps the lease.

Answer 1

Not sure about your area but where I am it is perfectly legal for a landlord to kick out tenants to allow family to move in.

Answer 2

In California, rent control laws very widely form city to city. I'm an attorney in San Diego and I'm not even comfortable answering your question because rent the laws are different in Los Angeles.

If you have time left on your lease, the landlord cannot do anything to kick you until the lease is up. Some local rent control laws allow the landlord to evict you if he/she is removing the property from the local rental market. However, you really need to contact the local rent control board or a attorney to represents tenants for better advice.

I would call the lawyer referral services for the Los Angeles County Bar Association. You should be able to find and L.A. area lawyer who will give you a free, 30-minute consultation.

Answer 3

If your lease has expired and there is no language guaranteeing extension then he has no obligation to extend the lease. He is required to notify you that he will not be renewing the lease, depending on local law the notification must be within 30-60 days prior to the end of the lease term. If you are under a lease he cannot "evict" you without going through the courts, even if you were a bad tenant. You could be selling crack out of the apartment, and he can't take it upon himself to evict you, it takes due process. He may try to evict you. In the event he attempts to remove your personal property from the residence it would be in your best interest to contact local police. Check the link for a good source of information about your rights.

Answer 4

He can, only if he is following the lease. If you are mid term he cannot evict in the middle of the lease. If you are at the end of the lease and he has given proper notice, nothing you can do. Most area's have a landlord / tenants division at the local court house, check with them on your rights. Good luck!

Answer 5

if your lease is up and he decideds not to renew the lease, yes that is his option.. But to just evict you no he has to have a reason. I E no rent payment, if this is the case i would call a layer, and file a lawsuit. Most lawyers will work pro-bono untill you recieve a settlement or are awarded damages, at this point the will get 33 1/3 of whatever you win.. So i would suggest looking into this further.

Answer 6

You need to look at your lease. There may be also extra city law provisions because of the rent-control, also. In general, if you have a lease then he can't kick you out against the provisions of your lease, or, if you don't have a lease and just rent month to month, you have to have at least proper notice, which could be between two weeks and a month, usually

Answer 7

I beleive that the city of Los Angeles has certain Renter's rights. Contact the city about this and get a list of these right away.

Secondly, do you really want to continue living in a place where the landlord would treat you this way? I know the rent is cheap, but in thelong run, the landlord may become a nightmare if you press him (and win) on this.

Answer 8

In the first place, did u signed any contract with him that states that he agreed to lease his place to you? If you did, what's the term and conditions? If you did not signed any contract with him, I'm afraid there's a high chance of you going to be evicted. Unless you have been staying there for so long, that it is in implied term that you have the "ownership" of the place.

Check with the local lawyers. Every place has different legal system. ^^

Answer 9

The landlord will have to take you to court to get the eviction, and aside from not paying the rent, most Judges don't allow for eviction for other reasons. Judges see this crap all th time. Petty little differences, and landlords thinking they are gods. Unless you are behind in your rent, you will probably not be evicted.

Answer 10

If there is no lease, a landlord can evict in 30 days. If there is a lease, he must wait until th end of the lease.