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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 35312
Experience:  Attorney over 16 years, landlord 26 years
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A 20 year tenant. Property sold. A 60 day notice given.

Customer Question

A 20 year tenant. Property sold. A 60 day notice given. Trying to find a new place but all are unaffordable. Tenant not working due to neck injury and seeing doctors. Packing is difficult because of neck pain. Can tenant get extended time or be compensated by new owner to move?
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  retireddebra replied 5 months ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  retireddebra replied 5 months ago.

What province is this please?

Customer: replied 5 months ago.
Los Angeles county.
Tennant is under medical care and is having difficulty and stress because of insufficient time to termination date on notice.
Expert:  retireddebra replied 5 months ago.

This is on the Canada law list.

I will ask the site to move this question over to the correct list.

Customer: replied 5 months ago.
Thank you. Los Angeles California.
Expert:  barristerinky replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Are you in a rent controlled or rent stabilized building?

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And the 60 day notice is just the letter from the landlord, correct?

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thanks

Barrister

Customer: replied 5 months ago.
The letter is a standard form Notice of termination of Tenancy form NTT left on the front door and another in the mail box dated August 27, 2016.
The rental is one of 3 small 600 sq. ft. Houses on a lot. All 3 have received this letter to my knowledge. I do not believe it is rent controlled and I do not believe any written rental agreement was kept. It has been 20 years without incident.
Expert:  barristerinky replied 5 months ago.

Ok, thank you for that information. When a tenant is given a 60 day notice, that doesn't mean that they have to actually move out at the end of that 60 days or the landlord can force them out. When the 60 day notice expires, if you don't vacate, the landlord will still have to file a formal eviction action in court to get a judgment and a writ that the sheriff will execute. This will take about another month before the landlord could actually force you to vacate.

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As for getting any extra time, the is entirely up to the landlord as to whether or not to grant such a request. But no, you wouldn't be entitled to any type of moving or relocation expenses as they aren't required to pay them unless this is a rent controlled building.

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So you could stretch your tenancy for another month or longer if you wanted to force the landlord to go through a formal eviction action in court after the 60 day notice expired.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

Customer: replied 5 months ago.
Thank you Barrister. This helps.
Is there any way to find out if this is a rent controlled property?
Expert:  barristerinky replied 5 months ago.

You are very welcome. Happy to help any time.

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You can contact the LA Housing and Community Investment Dept here and ask them as I believe that they maintain a list of properties that are subject to the rent control ordinances.

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http://hcidla.lacity.org/

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thanks

Barrister

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