Tenants Booted From Rent-Controlled Unit May Have Case

Question: We live in Los Angeles. We moved out of our apartment a couple of months ago because our landlord evicted us, after seven years of tenancy, so that her son could take occupancy. The son never moved into the unit.

We believe that we were evicted because we had the lowest rent in the building by several hundred dollars, and the landlord wants to raise it. She told some of the other tenants that she knows that “she can’t rent it yet.�

We were able to find a comparable apartment in the same area but for $600 more a month. How long can a landlord leave an apartment empty when it is made vacant in this type of situation? The city told me that the owner is in violation of the city code but could not give more specific information.

Can we sue for fraudulent eviction and our rent increase? We were paid relocation fees. Does this mean we cannot sue her for bad faith?

Answer: Since you were paid relocation fees, you probably were not actually evicted from the apartment. If a landlord asks you to move out in order to move in a family member, you are required to move out voluntarily or your relocation fees can be used to offset the costs of an eviction. That could leave you with no relocation money at all. Therefore, you likely can’t sue for fraudulent eviction.

You may be able to sue for bad faith if the landlord never intended for her son to move into the apartment and asked you to leave solely to evade the rent control law, thinking she could re-rent the apartment and raise the rent after a few months because it would be vacancy-decontrolled. It wouldn’t.

The landlord’s payment of relocation fees to you does not affect your ability to sue her for a bad-faith eviction.

The rent control law requires owners to act in good faith in family move-in situations, which this is. If she evicts you (or gets you to move out) to move in her son, he must truly intend to move in.

You also say that “the city told me that the owner was in violation of the city code.� That may be true. Or it may not be true. If, for instance, the son intended to move into the apartment in good faith, but something happened to change those plans--he got married, suddenly got a job in another city or died--the owner is not acting in bad faith and not in violation of the law.

In your letter you also ask, “How long can a landlord leave an apartment empty when it is made vacant in this type of situation?�

I assume that the question you are really asking is, “How long must the landlord leave the apartment vacant before re-renting at a higher rate if her family member never occupies it?�

There is no answer to this question because the apartment is never rent-decontrolled if the intended family member never moves into it. Moreover, even if the intended family member moves into the unit, it remains rent-controlled after he moves out, until the next vacancy.

Finally you ask whether you can sue for the rent increase, the rent differential of $600 per month. If you can prove bad faith, the rent differential could be used to demonstrate your damages. If you won a lawsuit, though, you would get a lump sum award, not $600 a month indefinitely.

This Cleanup Job Is for the Birds

Q: I live in Los Angeles and I have a problem. The balcony at my apartment is infested with pigeons and their offspring. Their droppings have made it impossible to use the balcony without fear of disease. When I decide to move, am I responsible for removing these droppings, or is it the responsibility of the landlord?

I don’t want this to affect my deposit, but I believe that the landlord is responsible for the mess. The balcony was cleaned at one time but got soiled immediately after because of the presence of the pigeons.

A: You say that the balcony was clean at one time. I assume that time was when you first moved into the apartment. The general rule about cleaning apartments is that they must be as clean when you move out of them as they were when you moved into them.

Otherwise, as you may know, apartment owners can deduct money from security deposits for cleaning. Security deposit deductions can include damages that exceed normal wear and tear, unpaid rent and cleaning. (For your information, damages also can include things like lost remote-control devices or keys.)

Because the balcony is under your control and, essentially, part of your apartment and it was clean when you moved into the apartment, you are responsible for cleaning it before vacating.

If you don’t clean it, at least to the level of cleanliness that existed when you took possession, the landlord probably will deduct the cost of cleaning it from your security deposit.

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Postema is the editor of Apartment Age magazine, a publication of AAGLA, an apartment owners’ service group. Mail your questions on any aspect of apartment living to AAGLA, 12012 Wilshire Blvd., Los Angeles, CA 90025.