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I want the manager to start paying rent

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sks700

Junior Member
What is the name of your state (only U.S. law)? CA


I've asked the manger that I would like him to start paying rent now but he wants me to send him a notice.

My question is: Can I just send him a notice/invoice? How much time(if any) do I need to give him to start paying?

Thanks for you help.
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? CA


I've asked the manger that I would like him to start paying rent now but he wants me to send him a notice.

My question is: Can I just send him a notice/invoice? How much time(if any) do I need to give him to start paying?

Thanks for you help.
Assuming that this person manages your apartment building, do you have any kind of written contract with them?

You can't just tell them they need to start paying rent. You will need to give them a written notice of a change in the terms of their tenancy that requires them to start paying rent of X dollars per week/month.

If they aren't paying any rent now, there is a notice requirement based on the amount of the rent increase. If the increase is up to 10%, you must provide them at least 30 days written notice before it can take effect. If the increase is 10% or more, you must provide no less than 60 days written notice before it can take effect. Assuming you aren't charging them rent at all right now, that means if you intend to charge them at least $10 or more in rent per month, you are looking at not being able to start charging rent for at least 60 days after the date you serve them with the written notice.
 

LdiJ

Senior Member
Assuming that this person manages your apartment building, do you have any kind of written contract with them?

You can't just tell them they need to start paying rent. You will need to give them a written notice of a change in the terms of their tenancy that requires them to start paying rent of X dollars per week/month.

If they aren't paying any rent now, there is a notice requirement based on the amount of the rent increase. If the increase is up to 10%, you must provide them at least 30 days written notice before it can take effect. If the increase is 10% or more, you must provide no less than 60 days written notice before it can take effect. Assuming you aren't charging them rent at all right now, that means if you intend to charge them at least $10 or more in rent per month, you are looking at not being able to start charging rent for at least 60 days after the date you serve them with the written notice.
And do keep in mind that you are going to be changing their compensation pretty significantly, and therefore they might decide to quit. Are you prepared to replace them?
 

Searchertwin

Senior Member
What is the name of your state (only U.S. law)? CA


I've asked the manger that I would like him to start paying rent now but he wants me to send him a notice.

My question is: Can I just send him a notice/invoice? How much time(if any) do I need to give him to start paying?

Thanks for you help.
What kind of arrangement did you have before? A barter arrangement?
If so, along with notice send him what you expect since the deal is changing.
That's probably what he is wanting to know.

You than will have to wait to see if he accepts those terms. He may not and than may just leave. In this I would assume he would not need a 30 day notice because it was not a lease.
As far as time to send him one? Do it now or when you want the money start flowing in.
 

sks700

Junior Member
Okay, here are the details.

The manager has been living rent free for about 10 years minimum(sometimes he says 10, sometimes 20 so idk exactly), I purchased the property 3 years ago. I actually asked him to pay rent and I will give him the same amount back for his services. I need to do this because I want to refinance.
He is being stubborn and is afraid he will lose his manager status(this is my assumption) and in no way is willing to pay rent. He keeps saying, "I'm the manager, I'm the manager":rolleyes:.

Some more details: I have no written contract with him. Never have. Not even a rental lease. I also live on the premises and the tenants come to me occasionally also. So his managerial status is not even clear. I mostly had him on living for free because he is good at fixing everything. Also he has problems with reading and even with numbers, I feel bad about bringing this up but is that not another defense for myself? Lastly, he has also been using a storage unit(big enough for a car) and takes up two parking spaces, anything I can do? He is kind of a bully also(to the tenants) so I want him out now.

Thanks.
 

sks700

Junior Member
And do keep in mind that you are going to be changing their compensation pretty significantly, and therefore they might decide to quit. Are you prepared to replace them?
Well he's not paying anything now so yes lol.
 

sks700

Junior Member
Also, can I reframe him from "going under the house" for example whenever I want. The complex is individual bungalow/apartment units.

I guess I'm afraid he's going to mess up his own unit and tell me things need to get fixed. I know I'm getting paranoid but I just finally finished a big job mandated by the Los Angeles Communists LAHD Mafia.

Is there a LAHD for landlords?

I plan on visiting my local library, but do you recommend any books? Thanks.
 

justalayman

Senior Member
The answer is quite simple: fire him.


If he wishes to continue to remain as a tenant, require him to sign a lease with terms to your liking. I would be sure to address each of the issues you brought up that are not to your liking.
 

Searchertwin

Senior Member
So this was bartering in lieu of rent.

I did some checking and found out that bartering is getting to become very common. Also found that it is consider rental income on taxes. So would assume if it is consider rental income than he can be consider a tenant. Which makes him in this case a month-to-month tenant since their is no lease.


Send him a rrr letter stating that he is a month-to-month tenant and if he would like to continue this way, the bartering will cease and payment of XXXX is due starting the first of the month. If you wish not to enter into a lease, than this will be your 30 days notice to vacate. I will be more than happy to include a letter of reference for your next employment of your skills of managing an apartment complex. Please reply within the next XXX business days from receipt of this letter.

If you don't want to extend his tenancy, you still have to give him a 30 days notice to vacate. You don't have to provide a reason. But still suggest that a letter will be included. If he has done a good job than indicate that.

His use of storage unit was your fault. You let him have it for three years without complaining, so don't blame him for your mistake.

The information about reading and numbers, there is not a person on this earth that doesn't have reading problems or can't count at some point in life. The suggestion that he is slow is just mean.
And a bully? Knowing what you said, can you blame him? How many other ridicule him? What defense does he have?
 
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Gail in Georgia

Senior Member
I'm looking at this a different way...

My father was a janitor/building superintendent...whatever you want to call it....for a number of years in Chicago. It was standard at that time to give the janitor an apartment (typically a basement apartment) rent free in exchange for their being on call 24/7, being the maintenance man, answering those nasty midnight calls from tenants who had locked themselves out or had flooding issues. He handled carrying down all the garbage twice a week and disposing of it. He was also responsible for coordinating any work done by the plumbers, painters or electricians on contract with the building. When a unit was empty he was responsible for showing it and while he didn't get to choose who might live there, he could give his input on who checked out the unit.

Again, in exchange for the free rental, this was assumed to be a "family responsibility"; my mother cleaned the halls each week, vacuuming the carpeted stairs and dusting the banisters and scrubbing the tiled entrances. She was a tough little woman from Belgium who let the tenants know how she felt should they mess up "her" just cleaned hallways.

In the summer he was responsible for lawn care; in the winter responsible for snow and ice removal done BEFORE the tenants left for work.

In addition, they were both the "watchdogs" of the building, reporting any problem tenants before things got out of hand.

He was paid a small wage in addition to the rent free basement apartment. This wasn't enough for us to live on so he ended up managing three buildings.

Before you consider firing this fellow, you might want to sit down and take a hard look at what he actually does for you and if his "bullying" helps to keep problem tenants in line.

Gail
 

justalayman

Senior Member
Searchertwin
So this was bartering in lieu of rent.

I did some checking and found out that bartering is getting to become very common. Also found that it is consider rental income on taxes. So would assume if it is consider rental income than he can be consider a tenant. Which makes him in this case a month-to-month tenant since their is no lease


Not that it isn't the safest way to treat the barter but since the guy is an employee, it is easily proven to not be rental income. Free or discounted rent is a common method of compensation for an on site manager. It would be exactly the opposite of rental income.

and because it is part of his compensation package, the actions required to terminate his residency is not the same as that required to terminate a tenancy.
 
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sandyclaus

Senior Member
So this was bartering in lieu of rent.

I did some checking and found out that bartering is getting to become very common. Also found that it is consider rental income on taxes. So would assume if it is consider rental income than he can be consider a tenant. Which makes him in this case a month-to-month tenant since their is no lease.


Send him a rrr letter stating that he is a month-to-month tenant and if he would like to continue this way, the bartering will cease and payment of XXXX is due starting the first of the month. If you wish not to enter into a lease, than this will be your 30 days notice to vacate. I will be more than happy to include a letter of reference for your next employment of your skills of managing an apartment complex. Please reply within the next XXX business days from receipt of this letter.

If you don't want to extend his tenancy, you still have to give him a 30 days notice to vacate. You don't have to provide a reason. But still suggest that a letter will be included. If he has done a good job than indicate that.

His use of storage unit was your fault. You let him have it for three years without complaining, so don't blame him for your mistake.

The information about reading and numbers, there is not a person on this earth that doesn't have reading problems or can't count at some point in life. The suggestion that he is slow is just mean.
And a bully? Knowing what you said, can you blame him? How many other ridicule him? What defense does he have?
Per CA law, he must be given no less than 60 days written notice to vacate because he has lived on the property for a year or longer.

OP mentioned LA housing, which tells me that she lives in the City of Los Angeles. That gives this guy a whole other list of requirements for eviction, because the City of Los Angeles is governed by the LA Rent Stabilization Ordinance (LARSO). Under the LARSO, you can't just evict for the heck of it. They only recognize 12 "just cause" reasons that can be used to evict a tenant. One specific provision is that as a resident manager, she can only evict him in order to replace him with a NEW resident manager [LAMC §151.09 A.8.b.].

The LARSO protects resident managers as long as they are not considered an employee-manager (with or without an employment contract). An employee-manager is a resident manager who is required to reside on the premises as a condition of employment. The employee-manager receives compensation in the form of a free rental unit plus income. The income received by the employee-manager shall meet the minimum wage standards of the State of California. Unless already a tenant, or granted a right of tenancy in a written agreement, the employee-manager is not entitled to the eviction protections of the RSO.

Do you actually pay this man anything in addition to giving him free rent in exchange for his services? If you do, then he is considered an employee-manager and doesn't have the protection of the RSO. If you DON'T, then he DOES have the protection of the RSO, and you must follow the requirements of the RSO in order to legally evict him.

Getting rid of the guy is going to prove much more difficult for you here. It's time to call in an attorney who is familiar with the LARSO so that you can do it legally. If not, the RSO provides legal penalties to LLs that try to illegally evict their tenants, whether they are resident managers or not.
 

Searchertwin

Senior Member
Per CA law, he must be given no less than 60 days written notice to vacate because he has lived on the property for a year or longer.
60 days is for OMI and op is not doing that.
"In units covered by rent control, this notice must state the grounds for eviction (just cause,), and that advice is available from the Rent Board. The legal process of eviction begins with a three, 30 or 60-day notice (some forms of subsidized housing such as Section 8 will use seven, 10 or 14-day notices"
OP mentioned LA housing, which tells me that she lives in the City of Los Angeles. That gives this guy a whole other list of requirements for eviction, because the City of Los Angeles is governed by the LA Rent Stabilization Ordinance (LARSO). Under the LARSO, you can't just evict for the heck of it. They only recognize 12 "just cause" reasons that can be used to evict a tenant. One specific provision is that as a resident manager, she can only evict him in order to replace him with a NEW resident manager [LAMC �151.09 A.8.b.].
Op stated," I also live on the premises and the tenants come to me occasionally also. So his managerial status is not even clear." I mostly had him on living for free because he is good at fixing everything.
Which makes it clear by op words, he is not an employee. In fact, op does not know what he is.
No income, no written agreement. He just reside there and does little fixing of things.

If you DON'T, then he DOES have the protection of the RSO, and you must follow the requirements of the RSO in order to legally evict him.
Which he does have the protection of and he can be evicted for one of the 14 reasons, not 12 as you stated.

Getting rid of the guy is going to prove much more difficult for you here.
Not really he needs for him to sign a lease or give him notice to vacate.
The only problem would be is that he may return wanting to get paid for his services. That why op needs to get a lawyer.
 

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