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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37816
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I am a owner of a rent control building in los angeles. I

Customer Question

Good evening my name is***** am a owner of a rent control building in los angeles. I have had this tenant named Erick for approximately four years. He is the only one on the lease.In the last four months he has his boyfriend living there.The boyfriend named David may miss an evening or two not staying there for the entire night . David has keys to the apt and comes and goes like he resides there. Not only that Erick allows David to park his car in Ericks parking spot when he is not home. Erick gave David the keys to the apartment and building not me. For the month of January David was living there the entire month except one night from 10pm to 7am he was gone. I am aware of the Change of Tenancy for the 10% rent increase as stated in the lease. Even though he is in and out of the apartment the entire day and goes missing one night from 10pm to 7am and i entitled to the 10% increase? I am aware of the thirty consecutive day rule however he was at Ericks apartment that day. Better yet do I have grounds to evict the tenant being he is breaking the lease.I discussed this in the past with Erick and it fell on deaf ears.
JA: Can you tell me what state this is in? And do you know who owns the lot?
Customer: Its in the state of California in the City of Los Angeles. I am the owner of the building.
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: No. The lease goes month to month because it is a rent control building.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Thats it. Thank you
Submitted: 6 months ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 6 months ago.

Goodmorning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 3 decades.

Under the Los Angeles Rent Stabilization Act (RSO) you may raise the rent of your tenant by 10% if you have actual or constructive knowledge that another person not listed on the lease is living there. Actual knowledge would be being told they moved in and constructive knowledge would be you seeing that they had moved in. The amount of time the boyfriend has been there and the frequency you have noted is sufficient for you to know the new tenant has moved in.

The one caveat that you need to be aware of is that the law states that after you gain the knowledge that an additional tenant has moved in, you MUST raise the rent of the primary tenant by up to 10% no later than 60 days after you learn of the move-in. If you wait longer than 60 days then you are deemed to have waived your right to increase the rent.

In order to be eligible to evict, first your lease must prohibit new tenants joining your primary tenant. If that then happens you must serve a written 3-day Notice to Cure or Quit the violation giving tenant 3 days to make the boyfriend leave. Only if the boyfriend is not out after that 3 day period would you then be allowed to file an Unlawful Detainer action against the Tenant and the boyfriend.

You may reply to me using the Reply link and I will be happy to continue to assist you until I can address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. There is no cost to you related to your rating my service to you. Thank you in advance.

I wish you and yours well in the New Year,

Doug

Expert:  LawTalk replied 6 months ago.

Good morning,

Is there anything else I can assist you with today? It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you by clicking on the rating stars so that I can be compensated for assisting you? Rating me costs you nothing as you have already paid the deposit for my help. All rating does is ensure that I am paid for my time in working with you.

Thanks in advance for your rating of my service. It is greatly appreciated.

I wish you the best in 2017,

Doug

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