Legal Reasons For Eviction Under Rent Control
In the City of Los Angeles, many residential and apartment buildings are governed by the Rent Stabilization Ordinance of Los Angeles (“RSO”). This article will explain some of the allowable reasons for eviction under RSO. These requirements will help you avoid eviction from your rent-controlled apartment:
- The tenant has failed to pay the rent.
- The tenant has violated a lawful obligation or covenant of the tenancy, and has failed to correct such violation after having received written notice from the landlord.
- The tenant is committing or permitting to exist a nuisance in, or is causing damage to, the rental unit, or to the appurtenances thereof, or to the common areas of the complex containing the rental unit, or is creating an unreasonable interference with the comfort, safety, or enjoyment of any of the other residents of the same or adjacent buildings.
- The tenant is using, or permitting, a rental unit to be used for any illegal purpose.
- The tenant, who had a written rental agreement, which terminated on or after April 21, 1979, has refused, after a written request or demand by the landlord to execute a written extension or renewal thereof for a further term of like duration with similar provisions and in such terms as are not inconsistent with or in violation of any provision of the RSO.
- The tenant has refused the landlord reasonable access to the unit for the purpose of making repairs or improvements, or for the purpose of inspection as permitted or required by the lease or by law, or for the purpose of showing the rental unit to any prospective purchaser or mortgagee.
- The person in possession of the rental unit at the end of a lease term is a subtenant not approved by the landlord.
- The landlord seeks in good faith to recover possession of the rental unit for use and occupancy by the landlord or their family, provided the landlord is a natural person and not a corporation or partnership; or, a resident manager, provided that no alternative vacant unit is available for occupancy by a resident manager.
- The landlord, having complied with all applicable notices and advisements required by law seeks in good faith to recover possession so as to undertake Primary Renovation Work of the rental unit or the building housing the rental unit, in accordance with a Tenant Habitability Plan (THP) accepted by the Housing Department.
- The landlord seeks in good faith to recover possession of the rental units either to demolish the rental unit, or to remove the rental unit permanently from rental housing use.
- The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agencies order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of the building housing the rental unit as a result of a violation of the LAMC or any other provision of law.
- The Secretary of Housing and Urban Development is both the owner and plaintiff and seeks to recover possession in order to vacate the property prior to sale and has complied with all tenant notification requirements under federal law and administrative regulations.
- The rental unit is in a Residential Hotel, and the landlord is using eviction to convert or demolish the unit, and the Housing Department has approved an Application for Clearance.
- The landlord seeks in good faith to recover possession of the rental unit to convert the property to an affordable housing accommodation in accordance with an affordable housing exemption issued by the Department.
Since 1995, attorney Eric Castelblanco has been dedicated to helping tenants understand and assert their rights. For more information about your rights, call 213-388-6004 or visit their website at: www.castelblanco.com. The information presented in this column is for educational purposes only. You should seek the advice of an attorney regarding your individual situation.