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socallegalwork
socallegalwork, Attorney
Category: Landlord-Tenant
Satisfied Customers: 144
Experience:  Attorney and licensed real estate broker with over twelve years of experience, specializing in landlord/tenant matters.
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I am looking for a lawyer familiar with rent control laws in

Customer Question

I am looking for a lawyer familiar with rent control laws in the Los Angeles area. I am filing an answer to an unlawful detainer, and I have a question about "just cause" regarding my rent controlled apartment. Here's the situation: I rented out my apartment on airbnb, and when i returned I found a "3 days to quit notice" on my door. I now have a UD, and I'm filing the answer. I believe according to the rent-control laws, that I should have received a "3 days to cure or quit" notice. How do I put this into legal language on my answer? Thanks!
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  socallegalwork replied 10 months ago.

Hello. I will try to assist you. A 3 Day Notice to Quit (as opposed to a 3 Day Notice to Cure or Quit) can be used in situations where the breach is not curable. These are typically only restricted to a few activities- using the premises for illegal activities, threatening others' safety or significant damage to the property. ALSO, it can be used in situations where the unit is being assigned or SUBLET without permission. I am also familiar with at least one matter in which a court in Los Angeles found a landlord could evict under the Rent Stabilization Ordinance on the grounds that the use of the property as a bed and breakfast was in violation of the LA Municipal Code and thus, an "illegal activity" (though the property was in an r1 zone and the reasoning in that case may not be applicable to your unit).

The bot***** *****ne is that typically landlords in these situations will serve a 3 Day Notice giving the tenant 3 days to cure the issue. But the use of the property an an airbnb arguably runs afoul of Code of Civil Procedure 1161(4) and can be the subject of a 3 Day Notice to Quit. I can't tell you how the particular judge in your case will rule. Nevertheless, if you intend to fight the UD I would certainly, EXPLICITLY include it in your answer along with any other defenses and affirmative defenses you think might apply. Better to be safe than sorry.

I would suggest you use the form answer to a UD, which contains a lot of the defenses you might want to use pre-printed. You simply check off the applicable boxes. Here is a link: http://www.courts.ca.gov/documents/ud105.pdf

Customer: replied 10 months ago.
Hi, I need to know the "city or county, title of ordinance and date of passage" can you tell me that? For the rent control ordinance in La?
Expert:  socallegalwork replied 10 months ago.

It is called the Rent Stabilization Ordinance of the City of Los Angeles.

Here is a link: https://law.resource.org/pub/us/code/city/ca/LosAngeles/Municipal/chapter15.pdf

The top of the page has a date the ordinance was passed. The first few sections are informational with definitions and the stated purpose of the provisions.

Expert:  socallegalwork replied 10 months ago.

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