New mgmt co kicking us out instead of doing repairs so they can raise rent

[PippiPalermo]

I'm in CA & the new management company my landlord hired decided after a walk through that they don't want to be "under the gun timing wise" regarding necessary repairs, so they gave us a 60 day notice of tenancy termination. The repairs have been necessary for 5 years. The whole building needs the same work, but they are starting with my unit and the one upstairs. I am on a fixed income and can't afford to move. I don't want to move. The repairs should not require that I even be out of the house if they know what they are doing. I would like to fix the cosmetic things myself, which would save the owner $. I've lived here for 5 years. How do I stop this? I've been singled out for some reason and this situation could put me on the streets due to finances. Help!

 

[CdwJava]

Are you on a lease, or a month-to-month tenancy?

What city are you in? (some cities offer greater protections to certain tenants than are mandated solely under state law)

 

[TigerD]

Are you in a rent-controlled building?

TD

 

[PippiPalermo]

I am in Burbank. We started on a 6 month lease and have been month to month since. The building is not rent-controlled that I know of, but the owner has never raised the rent on us. He just got tired of dealing with it, and the on-site mgr was useless so he hired this big company to do the work. Their first order of business was a walk through of all units to assess repairs, etc. We have several issues that would technically/legally make our apt uninhabitable, such as a giant hole in the bathroom ceiling that has not been repaired since they put it there 3 years ago, drainage problems, counters that have 30 years of food as grout between tiles, leaks, foul smelling water, electrical issues, broken and drafty windows, etc. We requested repairs, but didn't press the issue because we could deal with it, and planned to do many cosmetic fixes ourselves. One week later we got the termination of tenancy notice, with no reason listed. I called the mgmt and they said that the plumbing upstairs is so bad that the repairs will affect both units, and they don't want to be rushed, so we have to go first. They didn't offer relocation temporarily while fixes are done. They literally just assumed that we wouldn't want a mess or workmen in our house for however long it took and decided that it'd be better for everyone if we just left.

 

[BL]

Providing as in my State the LL "HAS TO " store your belongings for 30 days to give you the opportunity to contact them to set up a pick up . If your State's LL did not follow State LL/tenant law sue them. Many will just toss the stuff instead of storing it for re=rental.

 

[STEPHAN]

Legally I don't see anything wrong with that the LL is doing. He is free to end the lease for no reason at this point and he gave you proper notice. Why should he go through the extra expense to relocate you? As a LL I understand where he is coming from.

You are of cause free to approach him and to negotiate a deal, maybe involving another unit.

Are you sure it is not the condition of your unit (dirty etc.) that caused him to end your lease?

 

[STEPHAN]

Providing as in my State the LL "HAS TO " store your belongings for 30 days to give you the opportunity to contact them to set up a pick up . If your State's LL did not follow State LL/tenant law sue them. Many will just toss the stuff instead of storing it for re=rental.

BL, wrong thread?

 

[BL]

BL, wrong thread?

Well Gee .... Guess so.

 

[PippiPalermo]

Legally I don't see anything wrong with that the LL is doing. He is free to end the lease for no reason at this point and he gave you proper notice. Why should he go through the extra expense to relocate you? As a LL I understand where he is coming from.

You are of cause free to approach him and to negotiate a deal, maybe involving another unit.

Are you sure it is not the condition of your unit (dirty etc.) that caused him to end your lease?

I'm sure that they have gone through the necessary procedures so it's all nice and legal on their end. My apartment is not dirty, and we are not loud or obnoxious tenants. We have always paid our rent on time and don't even complain about the people that are nuisances. Our apartment is in need of serious repair, but these are all repairs that needed to be done probably 10 or 20 years before we moved in. We have done temporary fixes to deal with them because we love this neighborhood and until recently, all the neighbors. The people upstairs have caused most of the problems that they are citing as reasons for needing to renovate. All I need to know is do *I* have any legal grounds that I can use to negotiate my staying. I really cannot afford to move, and if I did manage to move, the areas that I could afford would suck. What can I say when I go to the LL to let them know that I mean business, and that though I realize they are within their rights, I have mine too? I did find several precedents that I feel would apply, but they would require more time than I have.

 

[PippiPalermo]

I'm sure that they have gone through the necessary procedures so it's all nice and legal on their end. My apartment is not dirty, and we are not loud or obnoxious tenants. We have always paid our rent on time and don't even complain about the people that are nuisances. Our apartment is in need of serious repair, but these are all repairs that needed to be done probably 10 or 20 years before we moved in. We have done temporary fixes to deal with them because we love this neighborhood and until recently, all the neighbors. The people upstairs have caused most of the problems that they are citing as reasons for needing to renovate. All I need to know is do *I* have any legal grounds that I can use to negotiate my staying. I really cannot afford to move, and if I did manage to move, the areas that I could afford would suck. What can I say when I go to the LL to let them know that I mean business, and that though I realize they are within their rights, I have mine too? I did find several precedents that I feel would apply, but they would require more time than I have.

...And also, these people that I will be dealing with are not exactly law professors, if you get my drift. I am fairly confident that I can outsmart them.

 

[Zigner]

...And also, these people that I will be dealing with are not exactly law professors, if you get my drift. I am fairly confident that I can outsmart them.

 

[Zigner]

I suggest that you start packing.

 

[Silverplum]

I'm sure that they have gone through the necessary procedures so it's all nice and legal on their end. My apartment is not dirty, and we are not loud or obnoxious tenants. We have always paid our rent on time and don't even complain about the people that are nuisances. Our apartment is in need of serious repair, but these are all repairs that needed to be done probably 10 or 20 years before we moved in. We have done temporary fixes to deal with them because we love this neighborhood and until recently, all the neighbors. The people upstairs have caused most of the problems that they are citing as reasons for needing to renovate. All I need to know is do *I* have any legal grounds that I can use to negotiate my staying. I really cannot afford to move, and if I did manage to move, the areas that I could afford would suck. What can I say when I go to the LL to let them know that I mean business, and that though I realize they are within their rights, I have mine too? I did find several precedents that I feel would apply, but they would require more time than I have.

No, you don't.

 

[BL]

It's common that tenants somehow think the have a right to stay, when in fact if the lease or ll/tenant law states otherwise ,the LL's can and do terminate tenancies .

We hear it all the time ,I can't afford to move. Well seek out some assistances ,churches, salvation army, disability advocates, red cross ,State emergency relocation assistances etc .

Fact is the LL can get a Marshall to physically remove you once a court eviction is granted . The court may or may not give you more time if asked.

 

[PippiPalermo]

I suggest that you start packing.

What about the fact that they said that they have to do it for the whole building, but they are just going to start with us? They said straight out that they just want to remodel and raise the rent, and they're going to go the expensive route and do it one unit at a time. Why start with mine? Why not start with the people that have 5 or 6 people living in a 1 bedroom apartment, who haven't been here as long and who are the noisiest neighbors ever? Why not start with the people who have 4 children in a non-kid friendly building? I don't want to go in and say "pick on them instead" but seriously, pick on them instead. At least to buy myself some wiggle room. They also have scheduled 3 "inspections" of the apartment prior to our leaving. One just so that they can tell us what WE should fix for them before we leave. That doesn't sound right to me either. They already did their inspection, and all the repairs are on them, not us. We have not caused damage beyond normal wear and tear. Another inspection is tomorrow so that the sewer company can do a plumbing inspection. The last time I checked, the sewer is not in my unit. If they are that antsy to do repairs suddenly, then why bother saying they didn't want to be rushed? I suppose I should just go in and kill them with kindness, right? Use my natural charm and wit to coerce them into extending my tenancy? Somehow I think I need firmer ground than that. I am willing to take any suggestions, even if they are crazy, so long as they are legal.