[Los Angeles] Managers trying to evict roommates

[Los Angeles] Managers trying to evict roommates

Van Nuys, CA · Member since 2018 · 77 posts · 18 votes

Hi Everyone,

My friend is the manager for a 5 unit complex, and they are currently subleasing to a roommate and his gf who have been living there for 3 years now. Yes, the owner knows and allows subleases, and this is the only building they own so we kind of took the responsibility of working with the owner to figure this situation out.

The roommates signed a two year lease at the start of their move in but never resigned after the two years was up. The lease states that it goes to month to month at the end of the lease. So for the last year they have been living as subtenants on a month to month basis.

Over the last year, things have gone to ****. They dont do a good job cleaning up after themselves, they throw parties where people are invites that do hard drugs and are very noisy, and they have started to be neglectful of their other responsibilities like cleaning altogether.

Every time we leave town with our friends for a weekend trip or something, our friends are always stressed out at what is going on at home.

Three weeks ago they agreed with the roommates that they were given a verbal 60 day notice to leave. Nothing was signed but they agreed to leave. A few days ago, the roommates came back and said "the notice was invalid and they were going to stay, and if the original 60 day was pursued, they would take legal action."

So the question is, what can my friends do to try and remove these tenants?

Additional Info: It is an RSO property. They are subleasing from my friends (manager). No terms on the sublease. It was a friend that turned into a liability.

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  • Rental Property Investor · Los Angeles, CA · Member since 2017 · 2k+ posts · 5k+ votes
    7y

    Give formal written notice of non-renewal that complies with the law. Get in contact with a lawyer to have the eviction process ready to begin on day 61 when they do not move out. 

    During those 60 days, if they notice any drugs, call the police and allow the police to search the unit. 

  • Investor · Los Angeles, CA · Member since 2014 · 10 posts · 1 vote
    7y

    Hi Victor,

    Sorry to hear about your friend's troubles.  I'm finding a little confusion following who's-who, but I want to clarify something on Greg's response.  You cannot just issue a notice of non-renewal on RSO units.  Leases automatically go month-to-month after the initial lease term expires.  Seems to me it would be better to issue a 3-day Notice to Quit regarding the drugs and disruption of other tenants.  (If they don't remedy the issue after 3 days, eviction proceedings begin). Contact an LA eviction attorney to do this for you, as there are tiny details in the first notice that can affect your whole case if done improperly.  Someone who does these all day every day should walk you through it.  Best of luck!

  • Van Nuys, CA · Member since 2018 · 77 posts · 18 votes
    7y

    @Keely C. thank you Keely! So our friends are the managers and the master tenant to the roommates, who are the subtenants. 

    Thank you for clarifying about the RSO caveat. We're going to contact the HDICLA tomorrow and see what they say. 

    Should we even serve the 3 day notice? It seems that can be easily rectified and they can end up staying there longer than originally hoped...

  • Investor · Los Angeles, CA · Member since 2014 · 10 posts · 1 vote
    7y

    Thanks Victor,

    HCIDLA will likely say that if they have a signed lease, the subtenants have a right to the space and therefore you cannot arbitrarily end their lease.  Doesn't hurt to ask, but I haven't found HCIDLA helpful in any aspect, ever.

    HOWEVER resident managers have their own sets of rules that I'm not well versed on because I self-manage.  My personal opinion is to contact a reputable eviction attorney to strategize the most likely effective method of eviction before you try to DIY any moves.  Hopefully your friend has been documenting drugs and disruption as best he/she can so far.  Offering subtenants money to leave could be a good option, and that comes with some other caveats as well.  Unfortunately in these situations, it's probably going to cost you to get rid of bad tenants :(. Lessons will be learned!

  • Van Nuys, CA · Member since 2018 · 77 posts · 18 votes
    7y

    Thanks Keely! We're going to exercise the options and see what they can do. Appreciate the help!

  • Property Manager · Los Angeles, CA · Member since 2017 · 216 posts · 110 votes
    7y

    As previously mentioned, RSO properties in Los Angeles require cause for eviction, so it may be a difficult process. Also, a verbal notice to leave, even if agreed, is not valid. Does your friend (the tenant) have a written lease agreement with the sublessee? If so, then any breach of the sublease may help (in this case, possibly a clause for quiet hours at night, cleanliness of the rental). But this and most other violations may be easily correctable. Several acts that are less easily correctable are: failure to pay rent, damage to property, violence in general, nuisance. These require documentation, repeat behavior and ultimately a properly service 3 day notice to cure or quit that can, again, be corrected.

    A few acts that may result in a 3 day notice to quit (non-curable breach of lease) are: the tenant has caused substantial damage to the property, has committed illegal activity, or has subleased the rental in violation of the lease.

    If your friend's master lease agreement does not allow subleasing and the property owner did not have knowledge of the situation, then the property owner may be able to evict all of the tenants with a 3 day notice to quit (non-curable breach of lease). Your friend can get a new lease afterward. And yes, this would be a potentially significant burden on the property owner.

    Otherwise, this sounds like a possibly difficult process. Unless the sublessee decides to move out voluntarily, a cash incentive to move out may be the simplest and quickest option.

    Let us know how your attorney consults with you and good luck.

  • Nathan GesnerBusiness Member
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    Real Estate Broker · Cody, WY · Member since 2010 · 28k+ posts · 41k+ votes
    7y

    You should separate yourself from their drama rather than get involved.

    Advise your friend to hire a good eviction attorney and get this over with. They're on a month-to-month so he should be able to get them out pretty easy.

    There are so many mistakes being made here that I think your friend should seriously consider hiring a professional before this investment drags them into the poor house or insane asylum.

    The DIY Landlord Book4.7248 Reviews
  • Van Nuys, CA · Member since 2018 · 77 posts · 18 votes
    7y

    @Hubert Kim

    I'm on mobile so excuse the short response but just wanted to say thank you for your post.

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