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Harold Rhodes, Real Estate Pro in Los Angeles, CA

What is the process to evict a tenant from a non-room in a 4 unit. Room has to be torn down. Do we have to go to court, or give eviction or what?

Asked by Harold Rhodes, Los Angeles, CA Wed Apr 13, 2011

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Is the property located in the City of Los Angeles? Was the building built prior to 1978? And did the City of Los Angeles building inspectors inspect and tell you that you have to restore the property to it's original use? If this is the case, the tenant may be entitled to relocation fees as per the LA Housing Department Rent Stabilization Ordinance. There is a procedure you must follow. Check out the link below. Good luck!
1 vote Thank Flag Link Wed Apr 13, 2011
Hire an eviction attorney. Unfortunately Los Angeles seems to favor the tenants, even if they are unlawfully living in a unit. It can take time, can cost quite a bit and you may have to pay relocation if the building falls under rent control. Sometimes cash for keys works meaning pay the tenant to find another place and move willingly…Personally, I'd go that route first.
1 vote Thank Flag Link Wed Apr 13, 2011
Hi Harold;
Each of the 50 states is a sovereign entity, and each has its own procedure for in listing the assistance of the law in dispossessing a tenant. All share the common feature of notice and an opportunity for the tenant to be heard before a law officer removes them from the property, i.e., due process. Evictions, with a few exceptions, start with a notice of some sort, giving the tenant an opportunity to do certain things or move, or simply to move within a limited time. It is this notice that places the tenant in the position of wrongfully withholding possession of the rental unit from the owner and gives the law the authority to come to the owner’s aid. There are many protections under the law for tenants as there are many legal rights that can be easily exercised by landlords to evict tenants who fail to comply with the any oral or written rental or lease agreement.

Eviction notices can be divided into two groups. Yours seems to fall into the latter:

1. Non-payment of Rent Notices-most of which the tenant must pay or vacate the premises. These are the most common eviction notices used.

2. Conditional or Unconditional Quit or Vacate Notices –which either demand possession within a limited time out right or give the tenant an opportunity to perform some acts (correct or cure), other than pay rent, or vacate, at its option.

While REALTORS have real-world experiece and anecdotes in matters of landlord-tenant law, we are not attorneys.

So where to start to get general answers? Try the link below. Hop this helps!

Best,

Deborah Bremner
The Bremner Group at Coldwell Banker
REALTOR, 00588885, ABR, CDPE, eAgent, CSP, SFR, HRC, CRE
(O) 310-571-1364 DIRECT
(D) 818.564.6591
(C) 310-422-4288
http://www.thebremnergroup.com
Web Reference: http://www.landlord.com/
1 vote Thank Flag Link Wed Apr 13, 2011
Another perspective, from someone who's done this a bunch of times: If you have a decent relationship with the tenant, it is worth going to him and trying to negotiate a voluntary vacancy. You may be able to negotiate an agreement that results in a faster, cheaper move-out than you will get by going through the Housing Department's process. And the worst case scenario is that you just use the LAHD proces. So, nothing to lose by trying to negotiate.

For more on managing apartment buildings, check out http://kagansblog.com
0 votes Thank Flag Link Fri Apr 12, 2013
Best if you find a Legal Service that services Landlords and they will be able to guide you.

The reason I am saying this is because you are asking for legal advice from licensed Realtors who have no capacity to give such advice in legal matters.

Hope this helps.
Web Reference: http://www.DavidNewHome.com
Web Reference: http://www.DavidNewHome.com
0 votes Thank Flag Link Tue Apr 19, 2011
I recommend you to hire an eviction attorney specially in Los Angeles. I have used in the past Dennis P. Block. Check his website: http://www.evict123.com

Have a blessed day!
Doug
(323) 285-8864
Web Reference: http://cashrealty.net
0 votes Thank Flag Link Wed Apr 13, 2011
Here is the name of an eviction service in the LA area: S.I.I. Eviction Services at 800-275-5590. The guy there can possibly steer you in the right direction. Their fee is about $800 in ball park numbers, for one unit (or in your case-room). One of my clients was going to hire him, but then my client didn't purchase the property after all so I haven't not yet personally used him. I met him at a presentation done at my company. Unfortunately, I don't have the gentleman's name with me at this moment. Talking to an attorney can be a good idea too. Good luck.
Web Reference: http://DeborahLondon.com
0 votes Thank Flag Link Wed Apr 13, 2011
You are seeking legal advice.. and only licensed attorneys are qualified to give you legal advice...

I would suggest you look up the yellow pages (yes, remember those? They had them b4 the internet!) and look out a Landlord Legal Services law firm and you can call them and they will probably tell you what you need to do over the phone...

I would let them handle it, because the forms and process are very, very finicky... I have done dozens of evictions because we manage properties and I always have a law firm handle them...
Web Reference: http://www.selectrecorp.com
0 votes Thank Flag Link Wed Apr 13, 2011
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