Los Angeles - Owner Occupied Eviction - couple of questions

[al91206]

What is the name of your state (only U.S. law)? Los Angeles, CA

Looking at buying a triplex. My main question is, there are tenants in 2 of the 3 units. My mom will be on the lease, it is my understanding that I can use the owner-occupied eviction on another unit - is that correct? Also - if the 3rd occupied unit it larger than the currently vacant one, can I request that one be vacant as I would prefer to move into that one?

1. I understand and will pay necessary relocation fees
2. I'm not trying to "game" the system

Basically they are all 2 bedroom units:
Unit 1 = Vacant with 800 SF
Unit 2 = Tenant with 950 SF <-- would like my mom to have this one
Unit 3 = Tenant with 1250 SF <-- this is the one I would prefer to move into

Just want to understand what is possible and not possible.

Thanks!

Al

 

[Just Blue]

What is the name of your state (only U.S. law)? Los Angeles, CA

Looking at buying a triplex. My main question is, there are tenants in 2 of the 3 units. My mom will be on the lease, it is my understanding that I can use the owner-occupied eviction on another unit - is that correct? Also - if the 3rd occupied unit it larger than the currently vacant one, can I request that one be vacant as I would prefer to move into that one?

1. I understand and will pay necessary relocation fees
2. I'm not trying to "game" the system

Basically they are all 2 bedroom units:
Unit 1 = Vacant with 800 SF
Unit 2 = Tenant with 950 SF <-- would like my mom to have this one
Unit 3 = Tenant with 1250 SF <-- this is the one I would prefer to move into

Just want to understand what is possible and not possible.

Thanks!

Al

Wow. You want to displace people for your "like"? Pay them well for this.

 

[al91206]

Wow. You want to displace people for your "like"? Pay them well for this.

Relocation fees are very generous + I would pay them extra to move earlier rather than later. Now - the question is "Is it legal" to evict under LA's owner occupied eviction standard? I have no doubt I will be meeting with a lawyer - just wanted to get a feeling if this was possible or not.

 

[Zigner]

Relocation fees are very generous + I would pay them extra to move earlier rather than later. Now - the question is "Is it legal" to evict under LA's owner occupied eviction standard? I have no doubt I will be meeting with a lawyer - just wanted to get a feeling if this was possible or not.

You will want to ask the attorney who is familiar with LA's specific requirements.

 

[Zigner]

I would argue that evicting the tenant from the 950 sq. ft apartment to move your mom in would violate the RSO in Los Angeles. I would argue that your mom can move in to the comparable 800 sq. ft. apartment.

Have you reviewed the following information?: http://tinyurl.com/zbpzgp2 (it's a PDF put out by the City.)

 

[DeenaCA]

Here's a bulletin from the City of LA: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiQ86iL4YLOAhVPxWMKHaZbA6cQFggeMAA&url=http%3A%2F%2Fhcidla.lacity.org%2Fsystem%2Ffiles_force%2Fdocuments%2FEviction%2520for%2520Occupancy%2520by%2520landlord%2520etc_English.pdf%3Fdownload%3D1&usg=AFQjCNH6mv6BObwW-PA-dBahtCPX7NLkyA

Sorry that link is so long, I can't find a shorter one! Anyway, here's an excerpt regarding eviction for occupancy by an owner or owner's immediate family member:

The RSO imposes certain tenant protections and limits the selection of the unit for certain evictions, which include the following:
1. A landlord cannot evict if a comparable unit is vacant.
2. The landlord must evict the most recent tenant to occupy a unit with the needed number of bedrooms, unless the landlord needs a different unit due to medical necessity as certified by a treating physician.
3. Tenants who have resided in the rental unit for at least ten years and are at least 62 years of age or disabled, and tenants who are terminally ill as certified by a treating physician are protected from evictions for resident manager or owner/family occupancy.

Also keep in mind that the owner/family member must occupy the unit for at least two years, and that rent cannot be raised to market when the owner/family member moves out (it returns to the previous level plus any automatic increases.

It's not clear whether the unit that is vacant would be considered "comparable" to the one you want to live in. They are the same bedroom size but differ in area. Based on the city's bulletin, you and your mom might be limited to occupying the vacant unit and the unit in which the tenant has lived for the shortest time.

 

[Zigner]

Here's a bulletin from the City of LA: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiQ86iL4YLOAhVPxWMKHaZbA6cQFggeMAA&url=http%3A%2F%2Fhcidla.lacity.org%2Fsystem%2Ffiles_force%2Fdocuments%2FEviction%2520for%2520Occupancy%2520by%2520landlord%2520etc_English.pdf%3Fdownload%3D1&usg=AFQjCNH6mv6BObwW-PA-dBahtCPX7NLkyA

Sorry that link is so long, I can't find a shorter one! Anyway, here's an excerpt regarding eviction for occupancy by an owner or owner's immediate family member:

That's the same document I referenced with the shortened link above.

Based on the city's bulletin, you and your mom might be limited to occupying the vacant unit and the unit in which the tenant has lived for the shortest time.

Since the 1,250 sq. ft. unit is 50% larger than the vacant unit, I think it's enough of a difference that the OP can move in to that one and evict the existing tenant. The problem comes up between the 800 sq. ft. (vacant) unit and the 950 sq. ft. (occupied) unit. I suspect that mom will need to move in to the vacant unit, as it is comparable to the only other occupied unit.

 

[xylene]

A solution could be in that is quite possible the tenant of the 950 sq ft unit could be moved voluntarily to the 800sq ft unit give the right heavy incentives.

 

[al91206]

Here's a bulletin from the City of LA: http://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja&uact=8&ved=0ahUKEwiQ86iL4YLOAhVPxWMKHaZbA6cQFggeMAA&url=http%3A%2F%2Fhcidla.lacity.org%2Fsystem%2Ffiles_force%2Fdocuments%2FEviction%2520for%2520Occupancy%2520by%2520landlord%2520etc_English.pdf%3Fdownload%3D1&usg=AFQjCNH6mv6BObwW-PA-dBahtCPX7NLkyA

Sorry that link is so long, I can't find a shorter one! Anyway, here's an excerpt regarding eviction for occupancy by an owner or owner's immediate family member:


Also keep in mind that the owner/family member must occupy the unit for at least two years, and that rent cannot be raised to market when the owner/family member moves out (it returns to the previous level plus any automatic increases.

It's not clear whether the unit that is vacant would be considered "comparable" to the one you want to live in. They are the same bedroom size but differ in area. Based on the city's bulletin, you and your mom might be limited to occupying the vacant unit and the unit in which the tenant has lived for the shortest time.

"1. A landlord cannot evict if a comparable unit is vacant."

This is what i was searching for - unfortunately for me. I figured it would be like that. I did do various searches to figure it out, but couldn't find any reference.

Thanks for the info.

Al

 

[Zigner]

The OP should also keep in mind that, once mom moves out of the unit, the unit must be rented at the prior rent-stabilized amount, including allowed increases, not the market rate. (Deena pointed this out, I'm just reemphasizing it.)

 

[Zigner]

"1. A landlord cannot evict if a comparable unit is vacant."

This is what i was searching for - unfortunately for me. I figured it would be like that. I did do various searches to figure it out, but couldn't find any reference.

Thanks for the info.

Al

I used Google and searched for: owner occupied eviction los angeles

 

[LdiJ]

Relocation fees are very generous + I would pay them extra to move earlier rather than later. Now - the question is "Is it legal" to evict under LA's owner occupied eviction standard? I have no doubt I will be meeting with a lawyer - just wanted to get a feeling if this was possible or not.

You do realize that if you offer them cash for keys (relocation fees and the extra that you are willing to offer) and they accept your offer, then eviction won't be necessary at all?

 

[Zigner]

You do realize that if you offer them cash for keys (relocation fees and the extra that you are willing to offer) and they accept your offer, then eviction won't be necessary at all?

While true in the strictest sense, the City of Los Angeles titles their brochure as: EVICTIONS FOR OCCUPANCY BY LANDLORD, LANDLORD’S IMMEDIATE FAMILY OR A RESIDENT MANAGER

It's not a judicial eviction, but the City still calls it an eviction.

 

[LdiJ]

While true in the strictest sense, the City of Los Angeles titles their brochure as: EVICTIONS FOR OCCUPANCY BY LANDLORD, LANDLORD’S IMMEDIATE FAMILY OR A RESIDENT MANAGER

It's not a judicial eviction, but the City still calls it an eviction.

Ah, ok. Well, then maybe what I need to say is that if they accept the "cash for keys" the OP won't have to go to court for an eviction.

 

[Zigner]

Ah, ok. Well, then maybe what I need to say is that if they accept the "cash for keys" the OP won't have to go to court for an eviction.

Believe me, I would have (and have) said the same thing about it not being an eviction, but I guess the folks at the City of L.A. don't know it.