Asking a subtenant to move

[Carolina.C]

In need of some guidance here in Los Angeles, CA

I am renting a home with a guesthouse in the back. Ive been renting the back unit with the owner and agents approval below local property value as I didn’t seem it wouldn’t matter and felt hopeful things would look up financially at the time I made the decision.

I agreed to a trial term of 4 months which ended this month and have fully disclosed to the tenant I can’t continue renting for $1600 as if I do it wouldn’t be sustainable as this pandemic has taken a toll on my finances and health.

She isn’t on my lease and wants to continue having a reduced rent even though it hasn't been extended to me for next month. Also hasn’t paid any utilities even though she agreed to contribute. Claiming its her rights do so during pandemic which also includes paying whatever she deems fair at this time as my rent increase is too much, against the law yet again she’s not on any agreement here other than a trial one that just ended.

I have been candid with her for 2 months now about the increase as well as reality of everything and is now last minute threatening to relay to my landlords ( honestly I don’t care about this as they are ok with me renting it out as longs as it wasn’t for airbnbs, vacation rentals. It’s just akward) and refuses to pay more than what she agreed to at the start even though her trial agreement is over. I have sent an email expressing to her that she is making demands with the wrong person considering I am not any position to support her or her demands and to consider this her 30 day request to move from property.

Wouldn’t this rental fall under a roommate dispute?
Considering she isn’t on my lease do I have the right to ask her to vacate the property? Especially if such altercations are a risk to my health at this time?

This was the last thing I needed right now with my heart and health problems, as well as the loss of work weighing on me. I’m in no condition to support someone. Im in my 30s having to wear a heart monitor and don’t have it in me to tolerate such threats.

Again never intended on tossing anyone out during this and was candid about everything for a couple months now and she was in agreeance to the increase of rent and contributing towards utilities on again a property I offered below market value that I have people on stand by willing to take right now at $1850.

I honestly rented the unit below market value as I wanted to extend such a blessing of a property which now regret and has turned into a burden with this person making demands here in a time of crisis as well as accusing me of monetizing off her which is from it.

Instead have been paying her utilities, Advancing property repairs for my landlords I have no clue will be refunded. Again, I’m in no condition to take on any stress right now and the way she’s handling something she agreed to as was made aware of months ago is unjust.

On another note I even on a last minute request allowed her to film on site for a $1500 paid gig which required me to sign off on approval which I never requested a cut for yet here because I know times are tough eventhough I had to accommodate access to the film team in my patio during a pandemic. Instead of being grateful of letting her do this to get by her answer to this was she’s not obligated to disclose what she does for work to me even on site. Her tone mainly due to found out it was under the table so it wouldn’t compromise her unemployment benefits. All of this has been wearing on me and need guidance.

Id like her out at this point as unfortunately her outlook on this pandemic is too one sided to get her to truly sympathize with others.

Id appreciate any advice here.

 

[FarmerJ]

( you didnt say if your city -state have put a moratorium out to prevent evictions or not) ( so did your city-state do that ? ) SO this person is your tenant and she is month to month with out a written lease from you ? if this is the case since your going to move out make sure your LL knows in a written notice that is mailed via confirmed mail delivery and keep a copy of the notice stapled to your postal reciept , as far as this other body goes send to her a written notice via confirmed mail delivery Or certified if you go get your self a post office box first to use as your return mail address and do the same, ` this is a notice to you to vacate by ( x date ), her name at the top , with her address , your name and address at bottom and sign it , make extra copies again send via confirmed mail or why not use a local courier such as fed ex or send it certifed if you got that mail box in a post office or one of them private mail box businesses. SHe can demand all she wants but at this point she isnt going to get real far with demands Even though your not going to be there you can still give a copy of the notice to her to your LL and any utility you were paying such as a electric or gas bill to make sure she understands you are taking them out of your name when you move.

 

[Zigner]

( you didnt say if your city -state have put a moratorium out to prevent evictions or not) ( so did your city-state do that ? )

Yes
https://clkrep.lacity.org/onlinedocs/2020/20-0147-S19_ORD_186585_03-31-2020.pdf
and
https://dcba.lacounty.gov/noevictions/

 

[LdiJ]

( you didnt say if your city -state have put a moratorium out to prevent evictions or not) ( so did your city-state do that ? ) SO this person is your tenant and she is month to month with out a written lease from you ? if this is the case since your going to move out make sure your LL knows in a written notice that is mailed via confirmed mail delivery and keep a copy of the notice stapled to your postal reciept , as far as this other body goes send to her a written notice via confirmed mail delivery Or certified if you go get your self a post office box first to use as your return mail address and do the same, ` this is a notice to you to vacate by ( x date ), her name at the top , with her address , your name and address at bottom and sign it , make extra copies again send via confirmed mail or why not use a local courier such as fed ex or send it certifed if you got that mail box in a post office or one of them private mail box businesses. SHe can demand all she wants but at this point she isnt going to get real far with demands Even though your not going to be there you can still give a copy of the notice to her to your LL and any utility you were paying such as a electric or gas bill to make sure she understands you are taking them out of your name when you move.

I don't think that the OP is planning to move out. I think that the OP wants to rent the guest house to someone else for higher rent and who will pay their share of the utilities.

 

[Carolina.C]

( you didnt say if your city -state have put a moratorium out to prevent evictions or not) ( so did your city-state do that ? ) SO this person is your tenant and she is month to month with out a written lease from you ? if this is the case since your going to move out make sure your LL knows in a written notice that is mailed via confirmed mail delivery and keep a copy of the notice stapled to your postal reciept , as far as this other body goes send to her a written notice via confirmed mail delivery Or certified if you go get your self a post office box first to use as your return mail address and do the same, ` this is a notice to you to vacate by ( x date ), her name at the top , with her address , your name and address at bottom and sign it , make extra copies again send via confirmed mail or why not use a local courier such as fed ex or send it certifed if you got that mail box in a post office or one of them private mail box businesses. SHe can demand all she wants but at this point she isnt going to get real far with demands Even though your not going to be there you can still give a copy of the notice to her to your LL and any utility you were paying such as a electric or gas bill to make sure she understands you are taking them out of your name when you move.

This is what I am intending on emailing her. I'd appreciate any input here. Hopefully I'm not being out of line.


I spoke to HCID. They confirmed that the property is not under any rent control jurisdiction. Also you are not on my lease or in no position to enforce and make demands that do not apply here.





In the new month to month term as disclosed you are responsible to provide $1850 as well as 1/3 of utilities.





In regards to your previous trial agreement I’ve attached the details below as a reminder your term is over this month and I am not obligated to renew, extend &/or continue leasing at $1600. And your allegations that I have been subleasing with the owners unaware of it really mean nothing as the leasing agent as well as the owners were disclosed from the beginning I would be allowing someone to sublease the back unit. I was even advised by their agent to charge 2k which I instead gave you the unit below market value because I had work in the horizon and didn’t consider it a profit opportunity instead I just believed offering an unheard of rent id find someone grateful, that would cherish it, wouldn’t have to have doubts about or the need to constantly manage.





Any deductions my landlords extended were due to my efforts. For maintaining their property and advancing my funds towards repairs. For the pending interior rain damage and fume barrier repairs that have left the main house in substandard conditions. Any additional deductions on my rent was a kind gesture for my financial struggles as well as for leaving me in repair limbo here which has only compromised my well being. I had absolutely no obligation to provide any rent aid to you yet I did yet here I am seen as the one trying to gauge you.





Also why do you believe its remotely acceptable for me to take on utilities for someone that is unfortunately racking up bills 24/7 now due to this pandemic? A request to begin contributing due to these bill surges which I had been candid with you for months now. My request is far from being abusive but an attempt for you to have a sliver of consideration for others as well who are struggling which you chose to view as someone taking advantage of you as well as an excuse to not honor your words here.





In the new agreement please understand was never my intention to ask you to vacate the unit, less during a pandemic crisis. I changed the terms due to the unforeseeable future this pandemic has created. I don’t know what will happen to the property. Owners could lose it, sell it, have a change of heart on their original plans. On my end presently without income, my compromised health and heart troubles that recently landed me in the ER I don’t know as well. One thing that is certain is I am no position to sustain you nor have to tolerate your allegations and/or demands. Nor jeopardize my well being on this.





I don’t need your irrational accusations that I’m trying to take your unemployment benefits nor need someone jeopardizing my safety by having a film production set up in my backyard for filming. I did sign off as I sympathize you are trying to get by here. I had nothing to benefit from this nor ever requested a dime for it. I was even ill that night, asked to postpone and couldn’t rest as I wanted to make sure there wouldn’t be troubles. Ive come to realize in these months you really have no consideration for anyone but yourself. And your emotionally driven, previous trauma fueled impulses are responsible for this uncalled for situation which could have been discussed instead of escalate to this.





It will be best you find a home that may be better suited in removing any doubts you may have and are projecting on to me here as soon as its possible. Instead of 30 days I will be glad to extend it to 45 days which should give you additional time to do so. In the event the ordinance continues in where evictions are prohibited you will be allowed to stay until lifted which upon that day will be required to vacate the premises. In the meantime you will still be responsible to provide rent and utilities.





“I, "" agree to lease "" Guest unit w/ private patio from 2/1/2020- 5/31/2020. I understand that after the 4-month trial lease term I will have the option to move out if proper notice is given. "" will have the option request unit vacated if she finds it necessary and/or I have breached my agreement. It is understood that if decide to vacate unit at end of my term a 30-day notice must be provided prior.


After this trial term if"" agrees so you will have the option to extend stay and/or renew agreement if you decide to. “





“The temporary moratorium is effective from March 4, 2020 through June 30, 2020, and may be extended by the Board of Supervisors on a month-to-month basis.”

 

[Carolina.C]

I don't think that the OP is planning to move out. I think that the OP wants to rent the guest house to someone else for higher rent and who will pay their share of the utilities.

This is what I am intending on emailing her. I'd appreciate any input here. Hopefully I'm not being out of line.


I spoke to HCID. They confirmed that the property is not under any rent control jurisdiction. Also you are not on my lease or in no position to enforce and make demands that do not apply here.





In the new month to month term as disclosed you are responsible to provide $1850 as well as 1/3 of utilities.





In regards to your previous trial agreement I’ve attached the details below as a reminder your term is over this month and I am not obligated to renew, extend &/or continue leasing at $1600. And your allegations that I have been subleasing with the owners unaware of it really mean nothing as the leasing agent as well as the owners were disclosed from the beginning I would be allowing someone to sublease the back unit. I was even advised by their agent to charge 2k which I instead gave you the unit below market value because I had work in the horizon and didn’t consider it a profit opportunity instead I just believed offering an unheard of rent id find someone grateful, that would cherish it, wouldn’t have to have doubts about or the need to constantly manage.





Any deductions my landlords extended were due to my efforts. For maintaining their property and advancing my funds towards repairs. For the pending interior rain damage and fume barrier repairs that have left the main house in substandard conditions. Any additional deductions on my rent was a kind gesture for my financial struggles as well as for leaving me in repair limbo here which has only compromised my well being. I had absolutely no obligation to provide any rent aid to you yet I did yet here I am seen as the one trying to gauge you.





Also why do you believe its remotely acceptable for me to take on utilities for someone that is unfortunately racking up bills 24/7 now due to this pandemic? A request to begin contributing due to these bill surges which I had been candid with you for months now. My request is far from being abusive but an attempt for you to have a sliver of consideration for others as well who are struggling which you chose to view as someone taking advantage of you as well as an excuse to not honor your words here.





In the new agreement please understand was never my intention to ask you to vacate the unit, less during a pandemic crisis. I changed the terms due to the unforeseeable future this pandemic has created. I don’t know what will happen to the property. Owners could lose it, sell it, have a change of heart on their original plans. On my end presently without income, my compromised health and heart troubles that recently landed me in the ER I don’t know as well. One thing that is certain is I am no position to sustain you nor have to tolerate your allegations and/or demands. Nor jeopardize my well being on this.





I don’t need your irrational accusations that I’m trying to take your unemployment benefits nor need someone jeopardizing my safety by having a film production set up in my backyard for filming. I did sign off as I sympathize you are trying to get by here. I had nothing to benefit from this nor ever requested a dime for it. I was even ill that night, asked to postpone and couldn’t rest as I wanted to make sure there wouldn’t be troubles. Ive come to realize in these months you really have no consideration for anyone but yourself. And your emotionally driven, previous trauma fueled impulses are responsible for this uncalled for situation which could have been discussed instead of escalate to this.





It will be best you find a home that may be better suited in removing any doubts you may have and are projecting on to me here as soon as its possible. Instead of 30 days I will be glad to extend it to 45 days which should give you additional time to do so. In the event the ordinance continues in where evictions are prohibited you will be allowed to stay until lifted which upon that day will be required to vacate the premises. In the meantime you will still be responsible to provide rent and utilities.





“I, "" agree to lease "" Guest unit w/ private patio from 2/1/2020- 5/31/2020. I understand that after the 4-month trial lease term I will have the option to move out if proper notice is given. "" will have the option request unit vacated if she finds it necessary and/or I have breached my agreement. It is understood that if decide to vacate unit at end of my term a 30-day notice must be provided prior.


After this trial term if"" agrees so you will have the option to extend stay and/or renew agreement if you decide to. “





“The temporary moratorium is effective from March 4, 2020 through June 30, 2020, and may be extended by the Board of Supervisors on a month-to-month basis.”

 

[bcr229]

As FJ said, you need to provide written notice. Email does not count as written notice.

I would also eliminate 90% of what you wrote as irrelevant. This is a business transaction, simply state that as of X date the rent will be $Y. If she doesn't want to pay that much then she can move.

It looks like you need to give 30 days notice to increase rent if the increase is 10% or less of the monthly rent, and 90 days if the increase is more than 10% of the monthly rent (Google California AB 1110).

 

[FarmerJ]

I agree with bcr you don't need to say anywhere near as much as you did , it doesn't matter what the tenant thinks - comes up for as excuses to not pay what they were supposed to. What matters is that your notice to them is done on real paper and sent via a means to track it or prove that you sent it such as (lowest to higher cost ways to send) certificate of mailing , ( proves you sent mail to them) confirmed mail delivery ( post office receipt that shows a court the post offices delivery info to addressee) certified mail ( must be signed for but then again some addressees will refuse to go get their mail if they aren't home during delivery attempts so its more hassle , not impossible just more steps) Registered return receipt mail so spendy and tenant still might never pick it up , best way to send to me is to do one as certificate of mailing and day or two later another copy as confirmed mail delivery so this way even if the tenant tries to tell a judge they didn't get notice the judge can be shown two methods of delivery and is likely to not believe the tenant . Unless your state requires something else your notice should have date , tenant name and address and something as simple as this is your notice to vacate (address ) by (X date which meets your states requirements ) your name and address and signature. ( and again anything else your state- city - county etc requires) make multiple copies for your records and staple a copy to your postal receipts. it is up to you to verify what must go into a notice to vacate from you . personally If it was me Id not bother with trying to raise the rent and would just do a notice to vacate. You didn't say it but gonna ask , does that unit have its own separate utility meters ?

 

[Zigner]

The OP is in Los Angeles which has some pretty specific requirements. The OP really ought to spend a few bucks for a consultation with a local attorney who specialize in Landlord/Tenant law.

 

[Just Blue]

The OP is in Los Angeles which has some pretty specific requirements. The OP really ought to spend a few bucks for a consultation with a local attorney who specialize in Landlord/Tenant law.

https://www.lacba.org/