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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3368
Experience:  25 years of experience in general practice, real estate law and estate law.
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I am a 60 year old single woman in poor health. For 11 years

Resolved Question:

I am a 60 year old single woman in poor health. For 11 years I have been living in a single family house in Los Angeles County built in 1932. The owner/landlord always had multiple Boarders who compensated by paying rent and doing chores.

UCLA acquired the property via an inheritance, and mailed me and posted a 60-day Notice to Quit. They also emailed me of their intent to get the house cleaned and ready to be placed on the market, changing its status away from rental property. My end date is June 11 upon which they plan to initiate the eviction process.

I heard that owners of residences built before October 1, 1978 are required to provide monetary Relocation Assistance when evicting tenants. Please let me know if I am correct regarding my eligibility for relocation assistance. What ordinances should I refer to and how can I proceed with such a request. Also, do I have to be actively in the Eviction Process (Unlawful Detainer) to be eligible?

Thanks.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Attorney2 :

Hello and thank you for your question.

Attorney2 :

The home is in LA?

Attorney2 :

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

Attorney2 :

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.

Customer :

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

Attorney2 :

Hi:I am on with you.

Attorney2 :

I think you are telling me it is changing status from being a rental property?

Customer :

See: http://www.justanswer.com/real-estate-law/20g2k-landlord-died-executor-estate-selling.html

Customer :

And: http://yourlegalcorner.com/articleindex.asp?cat=land

Attorney2 :

Hang on and I will read the links.

Customer :

http://yourlegalcorner.com/articleindex.asp?cat=land and http://www.justanswer.com/real-estate-law/20g2k-landlord-died-executor-estate-selling.html

Customer :

i am in a single house dwelling. received 60 day notice so far, do i have to be in active eviction status.

Attorney2 :

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?

Customer :

not yet. if i am eligible what do i need to do.

Attorney2 :

First you need to tell them that they did not provide sufficient notice.

Customer :

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.

Customer :

i already received 60 day notice with is up tomorrow.

Attorney2 :

Yes this only applies to rent control.

Attorney2 :

Since you have been in the property over a year you are entitled to 120 days notice.

Customer :

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.

Attorney2 :

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.

Attorney2 :

You can still try to negotiate assistance with the new owners.

Customer :

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.

Attorney2 :

http://www.yourlegalcorner.com/articles.asp?id=142&cat=land

Attorney2 :

Unfortunately this is only required for tenants under the Los Angeles Rent Stabilization Act

Customer :

am i eligible for a 120 day notice?

Attorney2 :

I am sorry. It would have been my pleasure to tell you that were entitled to relocation costs

Attorney2 :

Yes

Customer :

ok i will ask for the 120 day notice. thanks.

Customer :

is this chat available to be saved?

Attorney2 :

I am not sure how saving the chat works from the customers side.

Customer :

on my end i only see your replies.

Attorney2 :

Let me get you a link for the 120 days

Attorney2 :

California. Government Code Section 7060

Customer :

ok i originally thought that the house was built in 1932 it would qualify.

Attorney2 :

You were correct when you mentioned 1978. It needed to be built prior to 78 and rent stabilized

Customer :

ok then thanks for all your help.i was hoping that there was a chance.

Attorney2 :

Me too.

Customer :

ok if i have another question can i contact you again. i am glad there is a chat feature. thank you for cross-referencing.

Attorney2 :

http://www.yourlegalcorner.com/articles.asp?id=142&cat=land Look at #4

Attorney2 :

Of course you may contact me at any time. This is my direct link http://www.justanswer.com/law/expert-attorney2/

Attorney2 :

My pleasure

Expert:  Attyadvisor replied 1 year ago.

Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.


Customer: replied 1 year ago.

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?

Expert:  Attyadvisor replied 1 year ago.

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.


Thank you.


Customer: replied 1 year ago.

Since I already received a 60 day Notice, should I be getting another 60 Day Notice -- Or a 120 Day Notice, starting over?

Expert:  Attyadvisor replied 1 year ago.
I am sorry for any confusion that I may have caused in my response.


When I stated the 120 day notice this was under the Rent Stabilization Ordinance. You clarified that you are not under rent control. For those tenants not under rent stabilization the notice is at least 60 days.


The owner cannot commence evictions until after the expiration of the 60 day period. This is the minimum amount of time they can evict.



So no they would not be staring over. You would object that this is not enough time for you to move.

I hope that I have cleared up any confusion that I may have caused. Thank you.
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.
The same process?
Customer: replied 1 year ago.

do they get the same 60 day notice to quit, is the lodger treated the same as a tenant.


 

Expert:  Attyadvisor replied 1 year ago.
Are you a single lodger or are there other lodgers? Being a lodger can shorten the time for notice and you would become a trespasser. Is the owner referring to you as a lodger or tenant?
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.

If you are a single lodger you have less rights. If you are not you will be treated as a tenant.

Customer: replied 1 year ago.

ok, great, i believe i am a tenant then since there is one other person here.

Expert:  Attyadvisor replied 1 year ago.
With more than one person living in the property being a "tenant" or a "lodger" will have the same effect and follow the same procedures as a tenant.

I hope that I have provided helpful information to you.

Thank you for using JA!
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3368
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and 8 other Real Estate Law Specialists are ready to help you
Expert:  Attyadvisor replied 1 year ago.
Thank you.
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.
If the landlord served notice on April 11 you count 60 days from the starting date of April 11th.

SEE
http://www.dca.ca.gov/publications/landlordbook/moving-out.shtml#notices


Thank you.
Customer: replied 1 year ago.

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

Expert:  Attyadvisor replied 1 year ago.

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.

Customer: replied 1 year ago.

ok thanks. on that same page it mentions the part about a "boarding" situation.

Expert:  Attyadvisor replied 1 year ago.

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-RENT

http://lahd.lacity.org/lahdinternet/RentStabilization/tabid/247/Default.aspx

Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.

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.

Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.
Yes, I would let them know that the notice was insufficient and incorrect.

If you do receive an unlawful detainer you have time to respond.

It is a very good thing that you checked with Rent Stabilization.

Thank you for getting back to me.
Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.

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?

Customer: replied 1 year ago.

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.

Expert:  Attyadvisor replied 1 year ago.
If they file an unlawful detainer you would still have the opportunity to ask for more time.

Only rent stabilization can answer the question if you qualify as everything is subject to you being in rent stabilized housing.


Keep me posted.

Thank you again for updating me. I really appreciate you taking the time to let me know the status.
Customer: replied 1 year ago.

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.


 


rent stabilization


http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:lamc_ca


 


151.09 Evictione-Termination of tenancy


 


152.00 relocation assistance

Expert:  Attyadvisor replied 1 year ago.
Let me check.
Customer: replied 1 year ago.

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?

Expert:  Attyadvisor replied 1 year ago.
I believe we discussed this above when I asked you if you were a single lodger as they have less rights than a tenant. If you are a single lodger you have less rights. If you are not you will be treated as a tenant.

I thought UCLA inherited the property?

UCLA acquired the property via an inheritance, and mailed me and posted a 60-day Notice to Quit.


Customer: replied 1 year ago.

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.




rent stabilization


http://www.amlegal.com/nxt/gateway.dll?f=templates&fn=default.htm&vid=amlegal:lamc_ca




151.09 Evictione-Termination of tenancy


152.00 relocation assistance


Expert:  Attyadvisor replied 1 year ago.
I am going to ask another attorney to look at the question. I did read the link.
Expert:  Attyadvisor replied 1 year ago.
I have discussed your question with another attorney on the site. Unfortunately he concurs with Rent Stabilizations' latest opinion. He agrees that 60 days notice was sufficient and that you would not be entitled to relocation assistance. If you have any further questions please feel free to request CalAttorney2


Best of luck to you.

Thank you for your question.

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