Real Estate Law
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Hello and thank you for your question.
The home is in LA?
I believe that you are referring to the Los Angeles City Housing Law that states relocation assistance is required if the landlord evicts the tenant for his or her own occupancy. http://www.tenant.net/Other_Areas/Calif/losangel/reloc.html
It does not appear that you are on chat with me. When you return on line let me know and we can continue the discussion. Thank you.
Hello. What I researched so far is that the property is Changing Status, from residence to being removed to be on the market. And since I am in a single house dwelling
Hi:I am on with you.
I think you are telling me it is changing status from being a rental property?
Hang on and I will read the links.
http://yourlegalcorner.com/articleindex.asp?cat=land and http://www.justanswer.com/real-estate-law/20g2k-landlord-died-executor-estate-selling.html
i am in a single house dwelling. received 60 day notice so far, do i have to be in active eviction status.
Yes I read that law. That is what is stated in the link I sent to you above. http://www.tenant.net/Other_Areas/Calif/losangel/reloc.html Did you have a chance to look at the link I provided?
not yet. if i am eligible what do i need to do.
First you need to tell them that they did not provide sufficient notice.
i called la housing they said since i am not in rent control i may not be eligible. also maybe not single house dwelling, that is why i am confused.
i already received 60 day notice with is up tomorrow.
Yes this only applies to rent control.
Since you have been in the property over a year you are entitled to 120 days notice.
so i am out of luck. that one website at yourlegalcorner didn't mention anything about rent control, does that mean i am not eligible.
I have crossed referenced the information against California Code and you need to be in a rent stabilization situation for the relocation payment to be required.
You can still try to negotiate assistance with the new owners.
botXXXXX XXXXXne, I am not eligible for relocation assistance? except that it was operated like a boarding house which is one of the categories. - however i am eligible for a 120 day notice? no, ucla is not the negotiating type, they have been getting house donations from the elderly for some time now.
Unfortunately this is only required for tenants under the Los Angeles Rent Stabilization Act
am i eligible for a 120 day notice?
I am sorry. It would have been my pleasure to tell you that were entitled to relocation costs
ok i will ask for the 120 day notice. thanks.
is this chat available to be saved?
I am not sure how saving the chat works from the customers side.
on my end i only see your replies.
Let me get you a link for the 120 days
California. Government Code Section 7060
ok i originally thought that the house was built in 1932 it would qualify.
You were correct when you mentioned 1978. It needed to be built prior to 78 and rent stabilized
ok then thanks for all your help.i was hoping that there was a chance.
ok if i have another question can i contact you again. i am glad there is a chat feature. thank you for cross-referencing.
http://www.yourlegalcorner.com/articles.asp?id=142&cat=land Look at #4
Of course you may contact me at any time. This is my direct link http://www.justanswer.com/law/expert-attorney2/
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Hello. I looked at the California. Government Code Section 7060. I know you referenced it. Just want to doublecheck if it applies to me since I am not in Rent Control. If it does, since I already received a 60 day Notice, should I be getting another 60 Day Notice -- Or a 120 Day Notice, starting over?
The notice requirement under is at least 60 days under CA Civil Code 1946.1 since you have been there well over a year.
The 120 day notice applies under Rent Stabilization Ordinance.
Since you are not under rent stabilization you are entitled to at least 60 days.
Since I already received a 60 day Notice, should I be getting another 60 Day Notice -- Or a 120 Day Notice, starting over?
Okay thanks for the clarification. Can you tell me if I am to receive the same process since I am technically a Lodger, having paid rent plus did chores per an unwritten agreement.
do they get the same 60 day notice to quit, is the lodger treated the same as a tenant.
there is 1 other lodger who became the executor of the house. he has to move at the end of the month. the new owner didn't refer to anything, except a Notice with my name on it, and that my occupancy rights were terminated. So does that mean I have even less rights.
If you are a single lodger you have less rights. If you are not you will be treated as a tenant.
ok, great, i believe i am a tenant then since there is one other person here.
i have one more question. i received a 60 day notice to quit from April11th to June 11th. Shouldn't it be at the beginning or end of the month. example: April 30 to June 30.
i mentioned before that i am in a single house dwelling - and that the landlord had multiple boarders, meaning boarding house. can you please advise me on this issue. i found this link where such a situation is exempt, does that mean i am in rent control. thanks: http://www.caltenantlaw.com/LARSO.htm
Rent control covers residential units except (1) single family dwellings and (2) units built after 1978.
You may want to check with the Housing Department.
ok thanks. on that same page it mentions the part about a "boarding" situation.
Yes I saw the rooming house language and feel that it would be worthwhile for you to check. Please let me know what they tell you. 1-866-557-RENThttp://lahd.lacity.org/lahdinternet/RentStabilization/tabid/247/Default.aspx
I called the Rent Stabilization today, mentioned 1932 and that the house was a boarding house. and each boarder had different agreements, payment amounts, and performed different household/gardening chores in addition to the rent. they took a "complaint" against the new owner for giving me the incorrect notice. i have a case number XXXXX need to send them a rental agreement, rent receipts, eviction papers and any other documents. i asked the nephew who is now the executor to write a letter regarding the above points. ucla is asking the nephew if i am still at the house, i am not sure what to tell them except that i need more time.
Thank you for updating me. I really appreciate the fact that you took the time to let me know what they said. This is great news!Then they are subject to the 120 day notice an relocation assistance.
yes thank,s good news. i am worried that i will get an unlawful detainer but i guess i have 5 days to respond and go from there. or should i tell them i received an incorrect 60 day notice.
Rent Stabalization reviewed my docs and said that since I am not paying rent to anyone, the 60 day notice was not in violation. A housing inspector wouldn't see a rooming /boarding house since I am not paying any rent. I had a letter saying that it was a rooming house but it didn't mean anything. Rent Stabalization only looks at current situations, which doesn't make sense, since a requirement for a single house dwelling was that it changed from rental property to being on the market. It seems to be a loophole, since I seemed "to qualify" in more ways than one. Anyway, just a quick fyi.
Thanks for keeping me posted. I was wondering what was happening. This was my understanding, that the change in the way the property would be marketed was the key factor. Honestly the whole distinction is as clear as mud. So where are you at with the situation?
I am still at the house. I will ask for more time if I get the unlawful detainer. Meanwhile the nephew/executor said ucla made it "clear" to him that june was the last month. he never received any notices, since he had been dealing with them as executor. i don't have representation. legal aid and the eviction network all defer to rent stabilization. i really don't think that my paying or not paying rent should factor in because of the change in the house status. guess it's some kind of catch 22.
okay. meanwhile i checked these links, which did not mention "current" status of paying rent, what applies to me is, 11 years renting, single house built 1932, rooming house (except i am the last remaining tenant, as the nephew may not have proof of paying rent), rental removal status to the market.
151.09 Evictione-Termination of tenancy
152.00 relocation assistance
Housing RSO old me that UCLA "purchased" the house in May. However, they gave me Notice to Quit in April. Does that mean that they did not have the legal right to serve me in April (regardless of the forthcoming donation of the house)? Also Housing RSO said that since I was the only non-relative occupant left after the death of the previous owner Dec 2012-- that one person/tenant does not constitute a "rooming" status. However, as I moved into a rooming situation 11 years ago, why should it matter how many tenants they had or have now?
Yes they were "Gifted" the house in the will, but Housing RSO said it was "purchased" May 2013.
In an email, UCLA referred to me as a "Tenant."
Were you able to look at the links I sent you Monday:
which did not mention "current" status of paying rent.