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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37392
Experience:  Attorney over 16 years, landlord 26 years
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I have purchased a property in a rent control building. los

Customer Question

i have purchased a property in a rent control building.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: los angeles, california
JA: Has anything been filed or reported?
Customer: the seller and tenants claim that no leases exist; are there any legal ways to demand written leases?
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 8 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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the seller and tenants claim that no leases exist; are there any legal ways to demand written leases?

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Yes. If there are no written leases, then the tenant is a month to month tenant. If you are the new owner, then you can require them to sign a new written lease by giving them a new lease and a 30 day notice that it needs to be signed or they would need to vacate. If they don't sign it, then you could consider that a breach of the existing lease contract and then terminate and evict through the courts.

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thanks

Barrister

Customer: replied 8 months ago.
Will this be applicable in a rent controlled location in los angeles? would you kindly refer to some precident/s ?
Customer: replied 8 months ago.
At this juncture i would prefer to receive a written response to the tabled question; Thanks.
Expert:  barristerinky replied 8 months ago.

Yes, the existence of a written lease has nothing to do with whether a unit is rent controlled or not. You are still bound by the rent control laws whether they are month to month or whether they are under a fixed term lease.

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Under CA law, a landlord can change the terms of a month to month tenancy by providing a 30 day written notice of those changes. So if you wanted to change the terms so as to require a written lease, you just have to give them a written notice stating that 30 days from the date of a letter, you are changing the terms of the tenancy to require a written fixed term lease. The applicable law here is CA Civil Code 827(a) and (b)

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thanks

Barrister

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