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I'm an onsite property manager and the management company…

Customer Question
Hi I'm an onsite...

Hi I'm an onsite property manager and the management company and I decided to part ways. they want me to move, but I don't want to. What are my rights?

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

Written agreement unfortunately. month to month lease. I am willing to pay market rent.

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

Ok

Lawyer's Assistant: Where is the property located?

Tarzana, California so its under los angeles rent control laws

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not sure if you're aware but there is a bit of an affordable housing crises in los angeles these days. people are being priced out of their apts and the landlords/mgmt. companies don't seem to care much

Submitted: 11 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
8/6/2017
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,572
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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Was your rent included in your compensation for working for them?

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Have they given you any written notice to vacate?

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Are they unwilling to allow you to rent there even if you pay market rent?

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How long have you lived there?

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.

thanks

Barrister

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Customer reply replied 11 months ago
the rent was included and it was the only compensation
Not necessarily a written notice, but an agreement to vacate which I probably shouldn't have signed, in hindsight, but I didn't really have time to think. per the agreement, they will pay me $1,000 when I return the keys. Not sure if they are willing to let me stay. If they do they can keep the $1,000 and i'll pay market rate. They have several vacancies right now so they may be open to it. I've lived here almost 6 years (5 years, 10 months.)
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Ok, the problem here is that if you signed the agreement to vacate, then that is a legally binding contract with the landlord and if you breach, they can immediately file an unlawful detainer with no notice being necessary. The law in CA says if the tenant is employed by the landlord and the landlord provides the residence rent free as part of the employment, the landlord can go immediately to court to evict the employee upon the termination of the employment. This situation waives the normal requirement to serve an advance notice to the tenant.

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But if they have vacant units, then I see no reason why they wouldn't just rent one to you as that is one less vacancy. The agreement to vacate was likely just for your employment with you agreeing to vacate if your employment was terminated. That eliminates the idea that you are a tenant that has to be given formal notice before they terminate your tenancy.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Customer reply replied 11 months ago
thank you. One more question though. They still have to file the Unlawful Detainer right?/ They can't just do a Sheriff's lockout can they??
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Correct, they would have to do a normal UD action, they just wouldn't have to provide any additional notice before they went down to the local Superior court and filed it. But they are still looking at 3-4 weeks before they could get a judgment and a writ that the sheriff would execute to force you to vacate..

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thanks

Barrister

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Customer reply replied 11 months ago
Thank you for the info. You've been very helpful.
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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Customer reply replied 11 months ago
Hi I do have one more question. What if my boyfriend lives in the apartment too and he never signed an agreement to vacate. He never worked for the company. Can they evict him too??
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Yes, but they would have to evict you as the tenant and include him as an "unknown occupant" if you were the only legal tenant under the tenancy agreement.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 11 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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