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subleasing in LA w/o permission-how to evict?



bjn2000@yahoo.com (Brent)
8/23/2004 10:24:09 PM


My grandfather is elderly (93y/o) and owns a small apartment complex
in Los Angeles. We are trying to help him out as he is starting to
feel the effects of his age both mentally and physicallybut he
doesn't want to admit it or let the units go just yet. He only has
one tenant left, and she is subleasing the unit without permission.
She has been paying rent with a check that shows her new address and
other people seem to be living in the unit. A lawyer told us he had to
hire a private detective to take pictures to prove what she is doing.
He is very ornery and refuses to go this route because of the expense.
She has caused a lot of other problems in the past and has tried to
take advantage of his age/mental state, i.e., wanted free rent, rides,
money, and tried to be his girlfriend, etc. But my grandfather is very
cheap/hardheaded and she gave up trying. In addition, her boyfriend,
who looks like a gang member, scared my grandfather enough that he
finally realized she was out for no good.
What are our options? If he takes the unit off the rental market, LA
housing law states he would have to pay a $2000-$5000 relocation
fee-he wont do that. This situation has caused a lot of stress on my
parents who are aging as well, and I live too far away to effectively
deal with the issue myself.
Any advice will be greatly appreciated.
 
 
"Scott Hedrick"
8/29/2004 12:54:16 AM




"Brent" <bjn2000@yahoo.com> wrote in message
news:ee8li0tpl63np4lnosts454teqcab2kmlb@4ax.com...

My grandfather is elderly (93y/o) and owns a small apartment complex
in Los Angeles. We are trying to help him out as he is starting to
feel the effects of his age both mentally and physically-but he
doesn't want to admit it or let the units go just yet. He only has
one tenant left, and she is subleasing the unit without permission.
The problem is, there's no magical word to say to make things all better.
He's going to have to do some things he doesn't want to do if he wants to
change the situation.
If the lease does not allow subletting without permission, then he can evict
her. If he doesn't want to do that, then he's pretty much going to have to
live with the situation. An eviction may very well cost as much as the
relocation fee.
It might also be possible to arrange for an ejectment of the people living
in the apartment if they aren't on the lease, but I don't know how that
works in your area.
 
 
caj11@my-deja.com (Chris Johnson)
8/29/2004 12:54:47 AM




bjn2000@yahoo.com (Brent) wrote in message
news:<ee8li0tpl63np4lnosts454teqcab2kmlb@4ax.com>...

My grandfather is elderly (93y/o) and owns a small apartment complex
in Los Angeles. We are trying to help him out as he is starting to
feel the effects of his age both mentally and physically?but he
doesn't want to admit it or let the units go just yet. He only has
one tenant left, and she is subleasing the unit without permission.
She has been paying rent with a check that shows her new address and
other people seem to be living in the unit. A lawyer told us he had to
hire a private detective to take pictures to prove what she is doing.
He is very ornery and refuses to go this route because of the expense.
She has caused a lot of other problems in the past and has tried to
take advantage of his age/mental state, i.e., wanted free rent, rides,
money, and tried to be his girlfriend, etc. But my grandfather is very
cheap/hardheaded and she gave up trying. In addition, her boyfriend,
who looks like a gang member, scared my grandfather enough that he
finally realized she was out for no good.

What are our options? If he takes the unit off the rental market, LA
housing law states he would have to pay a $2000-$5000 relocation
fee-he wont do that. This situation has caused a lot of stress on my
parents who are aging as well, and I live too far away to effectively
deal with the issue myself.
Does the lease specifically say no subletting? If so, she can be
evicted, but that usually takes a month or longer. In most states
this starts with a notice requiring that she vacate the unit within 30
days. If she is still in the unit at the end of 30 days, then it is
the local sheriff or police's job to evict her. This requires a court
order by the landlord-tenant court, if Los Angeles has such a court.
If your grandfather doesn't want to pay for a lawyer, contact the
landlord-tenant court directly, or their website and find out the
process for eviction.
---Chris J. Disclaimer: no attorney-client relationship exists here
and posting is in the matter of general legal advice only. Persons
are advised to contact their own attorney.
 
 
doubter
8/31/2004 5:39:01 PM


"Brent" <bjn2000@yahoo.com> wrote in message
news:ee8li0tpl63np4lnosts454teqcab2kmlb@4ax.com...
I'm not sure if you mean "the city of Los Angeles" or the general area of
Los Angeles. It is significant because in many jurisdictions in the LA
area rent controls are in place. In addition to the obvious rent rate
controls, they also place many restrictions on what the property owner can
do.
You first step is to see if the apartment is in a rent control area, and if
it is, what restrictions are placed on any actions your grandfather might
want to take. Your best bet will be to call the city hall of the involved
city, or perhaps they have a useful web site.
Good luck, rent controls can be onerous.
 
 
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