Los Angeles Landlord Rights
The Los Angeles County Department of Consumer Affairs within the local government is responsible for overseeing that consumers exercise their rights under California's landlord-tenant laws. The county is larger than any other county in the country with over 10.4 million residents as of 2010. Los Angeles County's landlords may use the state government's landlord and tenant act to enforce its rights against tenants who fail to comply with the landlord's lease obligations or fail to pay rent on a timely basis.
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Increasing Rent
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Landlords in Los Angeles may raise their rental fees if they are allowed to do so under their lease agreements. Landlords can draft rental agreements with allowances for rent and security deposit increases but must comply with the state's notice provisions. Landlords must provide at least a 30-day written notice to the tenant for raising rent for its monthly tenants and annual tenants. Landlords must provide at least 60 days of notice to tenants who have lived in their property for more than one year. Additionally, landlords who increase the rent by more than 10 percent must give their tenants at least 60 days of notice before increasing their rent. If the landlord increases the rent by less than 10 percent for a tenant who has not lived in the unit for one-year, only 30 days' notice is required.
Pay or Quit Remedy
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Although California law only allows landlords to evict tenants with 30 or 60 days' notice if the landlord is able to terminate the lease agreement, landlords can provide shorter notice period and seek eviction within a shorter timeframe. Landlords can seek eviction against tenants who do not pay their rent, tenants that commit sexual or domestic violence against subtenants or other tenants, tenants engaging in drug activities or stalking and tenants who store weapons illegally are subject to a three-day notice before the landlord's filing of a formal eviction. The three-day allowance allows the tenant to pay the delinquency or vacate. Landlords can seek judicial evictions through the Los Angeles County superior courts if tenants do not pay or move within the three days by filing a motion for eviction or "unlawful detainer."
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Security Deposits
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Landlords can use their tenants' security deposits to cover damage to the property beyond normal wear and tear and to cover replacement key costs, furnishing costs and professional cleaning fees. Landlords may also use security deposits to cover unpaid rent if the tenant moves out without paying rent on time or without paying the last month's rent. Landlords must follow California's strict deposit laws requiring return of fees within 21 days after the tenant vacates or quits the property. Landlords who deduct from the security deposit must provide the itemization of deducted fees and invoices for repairs that cost the landlord more than $126. Landlords do not have to provide receipts for repairs less than that amount.
Repair and Deduct
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Tenants in California can exercise a self-help remedy allowing them to repair and deduct items from their rent if the landlord fails to remedy a defect or replace defective equipment. However, landlords have some rights under this remedy. Tenants must provide their landlords with notice of the defect and allow the landlord reasonable time to correct it. Most courts view a 30-day allowance as reasonable time. However, landlords may have less than 30 days depending upon the severity of the defect. Landlords have a right to refuse tenants to use the deduct and repair remedy more than twice during a one-year period and refuse to allow deductions for repairs that exceed one month's rent. Landlords can sue tenants for improperly using their repair and deduct remedies. Additionally, if the landlord reasonably believes that the tenant's requested repairs did not justify the tenant's recourse of deducting and repair, then the landlord can file a motion to evict the tenant for failing to pay rent due, even though the tenant paid for the repairs by withholding rent.
Considerations
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Since landlord-tenant laws can frequently change, you should not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in your jurisdiction.
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References
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