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ANTHONY J. ROBINSON

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Lest We Forget

LANDLORD-TENANT CASES:

Landlord-Tenant Eviction Cases:   

        For many years these types of problems were usually referred to as "Eviction" cases.  Recently the legislature has expanded the concept of tenants rights and some cities, like Los Angeles, have passed very restrictive rent control ordinances, so it is no longer enough to refer to these cases as simple evictions. In fact each year we are inundated with new laws that both Landlords and Tenants need to be aware of. If you would like to review a few of the major changes in the law for the years 2002, 2003, 2004 &  2005, please click on "New Laws 2002 to 2005"

        The rules and  responsibilities have become so complex that we have separated the field into six categories. The Laws, problems and situations  that are primarily the concern of landlords are located in the "Landlords Rights"  page and the  Laws, problems and situations that are primarily the concern of tenants are located in the  "Tenants Rights" page. You will also find an overview of the eviction process in the "Civil Court Eviction" page.

        If you are a landlord, click on the "Landlords Rights" button and if you are a tenant, click on the "Tenants Rights" button.  If you would like a general overview of the mechanics of how an Eviction case is handled, click on "Civil Court Eviction" button.

Answer to Questions Regarding Notice to Vacate Premises:

        We have received several inquiries regarding how much notice you must give the landlord before you can legally terminate your tenancy. There are several  answers to this question depending upon the type of tenancy that you have. For example: Let's say that you signed a written lease for a specific period of time.  Let's use one-year as an example. If your lease is for one year, it automatically terminates and you must be out no later than the last day of the one-year lease period.

        Unless you and the landlord agree to extend the lease or it is automatically extended by the lease itself. You must refer to the lease document itself to see exactly how much notice the lease calls for. Usually, the lease will require either party to give notice to vacate or of their intention to vacate within thirty days of the expiration of the lease.  Be sure and read the appropriate New Laws Category  as some of the notice requirements have changed since 2001.

        Lease agreements subject to HUD Section 8 rules or Rent Control are vastly different. You must review your particular agreement.

        Month to month tenancies or more correctly called period tenancies may be terminated by giving notice equal to the time period of the tenancy. For example, if the tenancy is month to month, then one month's notice would be appropriate. If you are week to week, different rules would apply. Although you should read the appropriate New Laws Category as some of the notice requirements have changed. As are the rules governing low cost housing that bases their occupancy on a daily, weekly or similar time period usually less than 28 days.

        The reality is that each such tenancy is different and you could have a great variation in notice requirements. I would suggest that you review your situation before you take any action. Remember, if you incorrectly give notice it will be ineffective and you will have to give proper notice. This will usually result in a delay in vacating the premises. You could end up being responsible for the payment of rent beyond what you think you are required to. Be sure and check it out well in advance to moving and do it in writing. Be sure and keep a copy for yourself.

Rent Control Issues:

         I'm willing to bet that many of you out there have heard so many stories about Rent Control that you are really confused. The reason for this is that Rent Control has polarized the population into two separate and disparate groups that basically dislike each other. One faction believes that it is government's function is to regulate every part of life to make it easier for some people to live. The other group believes that the Government has no business getting involved in a person's right to engage in the free market system. They feel that if Government wants to provide cheap housing, then government should buy up the rental units and rent them out themselves. Predictably, with each side becoming more and more strident, urban myths emerge. On such myth is that Rent Control Laws are state laws. Let me disabuse you of that notion, for now, Rent Control Laws are city laws and not state laws. At least not yet.

        From my point of view this is part of the problem. These rules are more political than they are regulatory. To make matters worse,  the Cities sometimes change or suspend parts of the laws at will. This results in chaos amongst the landlords who are the group most impacted by the regulations. Predictably, they resort to extra judicial efforts to avoid the system. They take the units out of the market, by converting them to Condominiums or they just let the units languish empty. Neither solution helps ease the housing shortage. It is virtually impossible to understand these laws without understanding the political and philosophical battle that rages over this issue. Hopefully we will try and present both the law and the philosophical sides so that you can better understand the whole problem. If you would like a general overview of how Rent Control Laws affect how a case is handled, click on "Rent Control Laws"  button.

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                                                        Send mail to AJR@ANTHONYJROBINSON.COM with questions or comments about this web site. Copyright © 2002-2008 Law Offices of Anthony J. Robinson.  Any unauthorized duplication or reproduction of any and all contents are in violation of all applicable laws.  Last modified: December 03, 2008 Version 7.40