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Can I ask my tenant to leave?

Los Angeles, CA |

I want to move relatives in a rental unit that I have. Can I ask the current tenants to move out for that reason?

Attorney Answers 4


Unless tenants have a lease for a longer period or the property is under rent control, you can give the tenants a 30 day notice of termination of tenancy for any reason..

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If this is in the city of Los Angeles and subject to rent control, you may evict for occupancy by the owner and certain relatives. There are restrictions on this right.

You will also have to pay relocation assistance to the tenant. You will limited on the rent you charge if the relative moves out and, I believe, you will have to offer the unit to the old tenant.

If you evict for owner-occupancy and then just rent the unit to another stranger, you could be liable for damages.

The attached link takes you to the city's Landlord/Tenant Handbook, which will give you all the answers. Hire an attorney who is familiar with owner-occupancy evictions.

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If this is a multi-unit property built before 1979 in the city of Los Angeles (aka "rent-controlled unit"), then there are restrictions on evicting tenants under these circumstances. First, if the tenants are elderly, disabled or have been there more then 15 years (I think), then they cannot be evicted under the scenario you pose. Other tenants can be evicted under that scenario.

The second is, if the building is owned by a corp or an LLC, then the answer is no, because business organizations have no relatives.

Third, the relative must be an immediate family member, i.e., a parent, child, spouse.

Fourth, you have to pay relocation fees.

You should check with the Los Angeles Housing Department for details. (866) 557-RENT.

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Also, the advise about the 30 day notice is wrong. Assuming that the tenants are not in a rent controlled unit BUT they have been there more than one year, you need to give a 60 day notice.

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