News Highlights
These articles giving housing advice were first printed in The Korea Daily:
a Korean-language daily periodical with a fairly large readership
(it is one of two daily newspapers that is distributed in LA).
The readers are mainly monolingual Koreans.
Relocation, 5.16.01
Q: My landlord gave me a 30 day notice to move out, saying that the Housing Department told him that I was not supposed to be living in my apartment. I was told that my apartment is under Los Angeles Rent Control, and that my landlord cannot do this. Is this correct?
A: Under the assumption that your apartment is in fact subject to Los Angeles Rent Control, there are certain protections for tenants when a landlord is told by a city agency that tenants should no be residing in their building. As a reminder, there are 3 basic questions one should ask to determine whether their apartment is subject to Los Angeles Rent Control: 1) Is the apartment located in the City of Los Angeles? 2) Are there 2 or more units on the property? 3) Was the property built prior to November 1978? If the answer to all 3 questions is "yes," then the apartment does fall within Los Angeles Rent Control.
A landlord may terminate a tenancy if the Housing Department tells him that the unit is an illegal one. An illegal unit is one where the landlord did not get permission from the City to allow people to reside in them. However, prior to evicting a tenant for this reason, there are certain requirements the landlord must meet in order to properly evict the tenant.
First, the landlord must receive an order from a governmental agency to vacate the illegal rental unit. Second, the landlord must file a declaration with the Los Angeles Housing Department stating that the he intends to evict in order to comply with the governmental agency's order. Third, the landlord shall pay a relocation fee of $5,000 to qualified tenants or $2,000 to all other tenants. A "qualified tenant" is one who is: 62 years old or older; disabled; or residing with one or more dependent minor children. Fourth, the notice of termination must state that relocation will be given to the tenant. Fifth, the relocation fee must be given to the tenant within 15 days of service of the written notice. If the landlord does not meet all of these requirements, then he may not lawfully evict the tenant under Los Angeles Rent Control.
Be aware that you will have to move from your apartment eventually. If a governmental agency has ordered the landlord to remove the tenants, then it will have to be done. The role that Los Angeles Rent Control plays is that it forces the landlord to do things procedurally correct, as well as to provide the tenants with monetary assistance to relocate.
If you have any questions regarding this article or have received any kind of written notice from your landlord or manager, please call the Legal Aid Foundation of Los Angeles, Korean Language Line at (323) 801-7987.
Cure or Quit, 3.22.01
Q: I live in an apartment, and my manager gave me a notice saying that my unit is too messy. I think the manager is trying to evict me from my apartment. Can he do this?
A: Typically, in a written lease agreement there is a provision saying that the tenant will keep the unit is clean condition. What this usually means is that the tenant will not create a health or fire hazard. In other words, if a rodent problem develops because the tenant has food all over the place, that would be a violation of the lease provision. The landlord would then have a basis for evicting the tenant.
Most likely your manager served you with one of two possible notices. The first kind of notice is a "Notice to Quit" with a specific number of days, usually three days. If your landlord or manager served you with this kind of notice, he or she is basically saying that you have until the end of that notice period to move out of your apartment.
This "Notice to Quit" must specifically state why your landlord wants to evict you. And if the reason is because you are unclean, this notice is defective. Even though you have technically breached your lease, under the law this is a breached that can be fixed. As such, the law requires a landlord to give a tenant time to "cure" these types of breaches. However, even if the notice is technically defective, you should attempt to remedy the problem, and let your landlord or manager know that the problem has been fixed and that you would like to continue living in your unit.
The second kind of notice is a "Notice to Cure or Quit" with a specific number of days, usually three days. If your landlord or manager served you with this kind of notice, he or she is basically saying that you have until the end of that notice period to either fix the problem or move out of your apartment. This kind of notice is legally proper.
If you decide that you would like to continue your tenancy, then you must remedy the problem that is specifically stated in the notice. And this must be done within the notice period. You should schedule an inspection date and time with your landlord or manager, so they can see that you cured the problem. If your landlord or manager does an inspection and says everything is alright, have him or her sign something that says that the problem has been fixed. Date that written agreement, and keep it for your records. As an additional precaution, you should take pictures of what you did to fix the problem. Take the pictures before the end of the notice period. Also try to have witnesses not related to you to inspect your unit.
If you have any questions regarding this article or have received any kind of written notice from your landlord or manager, please call the Legal Aid Foundation of Los Angeles, Korean Language Line at (323) 801-7987.
Habitability Remedies for Tenants, 1.18.01
Q: During the last rainstorm, the ceiling in my apartment started leaking. I called the apartment manager to have them fix the leaking problem. It's been about a week, and no one has come to fix the ceiling. What can I do?
A: First, you should take pictures of the problem and the damages that were caused. Keep notes of when the pictures were taken and by whom. Make sure the pictures clearly show what the problems are.
Second, write down when the problems began and when you made your verbal complaint to the manager or landlord. You should also send a written letter to your manager or landlord as soon as possible, asking that repairs be made. Date the letter, sign it, and send it by certified mail. If you personally deliver the letter, take a witness who can later corroborate that the manager or landlord received the letter.
Third, you should call the Los Angeles Housing Department at (213) 367-9411. Ask them to do an inspection of your apartment. If you do not live in the City of Los Angeles, you should call your local Housing Department. The telephone number is in your local phone book in the Government section.
After giving your manager or landlord proper notice of the problems, you may do one of three things: 1. Continue to pay your rent in full, while waiting for the Housing Department to order your landlord to make the repairs. 2. Make the repairs yourself and deduct the amount you paid from your rent. 3. Withhold your rent.
The first option of continuing to pay your rent in full is the safest option because you will not be jeopardizing your tenancy in any way. Landlord usually like it when their tenants pay all their rent. Especially if there are problems and repairs need to be made.
The second option is effective if it will not cost a lot of money to make the necessary repairs. This remedy is typically referred to as "Repair and Deduct." The keys to this remedy are notice to the landlord and what the problem is. Written notice must be given to the landlord explaining what the problem is. After that, the law requires that the tenant wait a reasonable time to allow the landlord to make the repairs. It is assumed that 30 days is a "reasonable time." However, if the problem is severe, then the tenant is not expected to wait 30 days. For example, if a water pipe bursts and the apartment is flooding, it is reasonable for a tenant to take action if the landlord does nothing immediately after notice is given. Thus, it depends on when notice was given and what the problem is. If you decide to choose this option, you may only deduct up to one month's rent. Thus, if the repairs will cost more than your monthly rent, you may only deduct the equivalent of what you rent is, and no more. Also, this remedy is only available twice a year.
The third option is proper only in extreme circumstances. You must still give written notice to your landlord about the problems. You should be prepared to be taken to court by your landlord. Because you will not be paying your rent, your landlord will most likely try to evict you.
As you can see, there are not a lot of options for tenants in these situations. If you decide to "repair and deduct" or withhold your rent, you should first speak with an attorney to discuss your situation. This is important because both of those options put your tenancy in jeopardy since your landlord will not be receiving the entire rent amount, and will try to evict you.
Also remember, if your landlord does want to evict you, he can only do so by following the proper court procedures. The only people who may physically evict a tenant are the County Sheriffs. Your landlord may not take matters into his own hands, by changing the locks, threatening you in any way, or physically attempting to remove you. If he tries to do any of this, you should call the local police immediately.
If you have any questions regarding this article or any other landlord/tenant matters, please call the Legal Aid Foundation of Los Angeles, Korean Language Line at (323) 801-7987.
Return of Property, 12.29.00
Q: I moved out of an apartment a week ago, but left some things there that I would like to get back. The landlord told me that he would let me get my things only if I paid him $500. Can he do this?
A: Although a tenant is supposed to take all his personal property when he moves out of an apartment, there are circumstances when property is left behind. In order to get that property back, there are specific steps a tenant must take.
First, within 18 days of moving out, you must write the landlord a letter asking him to return your property. Describe all the property you want returned. You should give the landlord an address where you can be reached. Date the letter, sign it, keep a copy, and mail it by certified mail to the landlord. You should send this letter as soon as possible in order to minimize any liabilities that you may incur.
Second, the landlord is legally entitled to ask you to pay reasonable moving and storage costs before allowing you to get your property. However, before the landlord can charge you for such costs, he must do the following: 1) Within 5 days of receiving your letter, the landlord must write you a letter asking you to pay moving and/or storage costs. 2) The landlord must also separately list the items of cost in the letter, stating the amount of each charge and what the charge is for. 3) The landlord must mail the letter to the address given in your letter, or have it personally delivered to you. 4) All the charges must be reasonable. You can only be charged costs related to removing the property from the apartment and storing it. Those charges must be what was actually spent by the landlord. Thus, the longer you wait to ask for your property, the more costs you may have to pay.
In your case, the landlord’s asking for $500 is most likely not reasonable. You should do the first step and write the landlord a letter asking for the return of your property. Then the landlord must send you a letter explaining what the $500 is for. If his explanation is reasonable, then you will have to pay the amount.
Third, agree with the landlord on a date and time to remove your property. Remove everything within 72 hours of paying moving and storage costs.
If you follow the proper steps and the landlord refuses to return your property, you can sue the landlord for damages. The damages are the value of the property and a penalty of up to $250. However, the landlord does not have to follow these steps if he reasonably believes that the value of the property is less than $300. He may dispose of the property in whatever manner he wants.
If the value of the property is more than $300 and the landlord wants to dispose of it, he must sell the property at a public auction. The landlord may do this only after mailing you a "Notice of Right to Reclaim Abandoned Property." If you do not receive this specific notice, the landlord cannot sell your property.
If you have any questions regarding the return of personal property or other landlord/tenant issues, please call the Legal Aid Foundation of Los Angeles Korean Language Line at (323) 801-7987.
Habitability, 11.6.00
Q: I rent an apartment that has a lot of problems. For example, my roof leaks when it rains, the heater is broken, the pipes under my kitchen sink leak, and my carpeting is dirty. A friend of mine says that I do not need to pay my rent until my landlord repairs the problems. Is this true?
A: Under California law, all tenants are entitled to live in rental units that are safe and sanitary. There are two basic questions you must ask yourself: 1) What are the problems? And 2) Do those problems substantially affect the health and/or safety of myself or my family? It is not enough to have problems that you may believe should be fixed. Those problems must somehow be related to your health or safety. Thus, things like dirty carpeting may not be enough. However, a leaking roof and no heat may be, if they substantially affect your health or safety.
There are things you should do before considering to withhold your rent. In fact, it is never a good idea to withhold your rent without first consulting an attorney. There are five basic things you should do to prepare your case: 1) Mail a short letter to your landlord, by certified mail, describing the problems. Date the letter, sign it, and keep a copy for your records. 2) Take pictures of the problems. Keep records of when the pictures were taken and what they show. 3) Call the Housing Department at (213) 367-9411, and ask them to do an inspection. 4) Call the Health and Safety Department in your local area and ask them to do an inspection. Downtown/Pico: (213) 351-5110; Hollywood: (323) 871-4353; Wilshire District: (323) 351-5132. 5) Get certified copies of all inspection reports.
If you decide to withhold all or a portion of your rent, you must also be prepared to go through the eviction process. This means going to court and having a judge decide whether or not you were correct in withholding your rent. In other words, you will most likely be risking your tenancy by withholding your rent, since a judge may decide that you were not entitled to withhold your rent because the problems did not warrant it. This is why it is important to speak with an attorney before withholding your rent. An attorney can assess your case and make sure that you have properly prepared a defense in case you have to go to court.
If you have any questions regarding problems with your rental unit or other landlord/tenant issues, please call the Legal Aid Foundation of Los Angeles Korean Language Line at (323) 801-7987.
Rent Increases, 10.23.00
Q: I've lived in my apartment since May 1997. When I moved in, my rent was $800 a month. Every year my landlord increased my rent $50, and my rent is now $950. Can my landlord always increase my rent $50 a year?
A: First, your landlord must always give you a written notice of rent increase; and that notice must be given to you at least 30 days before the increase goes into effect. This general rule about notice applies to any change your landlord wishes to make to your tenancy.
Second, the legality of the rent increase depends on whether your apartment is subject to rent control. The City of Los Angeles is a rent control city, but certain requirements must be met before rent control applies. There must be two or more units on the property, your unit must have been built prior to November 1978, and your unit must be within the City of Los Angeles. If these three requirements are met, then your unit is subject to rent control.
Under Los Angeles Rent Control, a landlord is entitled to increase the rent 3% every year. However, if the landlord also pays for the electricity and gas, then he or she may increase the rent an additional 1% for each utility he or she pays for. In the instant case, a $50 rent increase is more than 5% (assuming your landlord pays for the electricity and gas). Thus, those increases were illegal. You did not waive your right to be reimbursed by continuing to pay the illegal increases. You should file a complaint with the Los Angeles Housing Department, and ask to be reimbursed for all the overpayments that you have made since 1998.
You should not subtract the overpayments from future rent payments, unless you and your landlord agree for you to do so. Make sure that you get that agreement in writing. Always speak with an attorney before withholding any amount from your rent payments.
If your apartment is not covered by rent control, then your landlord may increase your rent to the fair market value of the unit even if this means an increase of, say, $250 or $300. Thirty days written notice must still be given to you. And your landlord can only increase your rent if your tenancy is month-to-month. If you have a written lease and it has not expired, then your landlord may not increase your rent until your lease expires.
If you have any questions regarding landlord-tenant issues, please call our Korean Language Line at (323) 801-7987.
Security Deposits, 9.15.00
Q: I recently moved into an apartment where I had to pay $1,500 as a security deposit and $200 as a non-refundable cleaning fee. My monthly rent is $750. Can my landlord charge that much before I even moved into the apartment? How do I make sure I get that money back when I move out?
A: A security deposit is money your landlord may ask you to pay to move into a house or apartment. Under California law, any advanced payment by a tenant is a security deposit. It does not matter if it is called a "cleaning fee," "key deposit," etc. Thus, you actually paid $1,700 as a security deposit.
Under California law, the maximum amount of security that a landlord can ask for depends on whether the rental unit is furnished or unfurnished. If your apartment is unfurnished, then the most that your landlord may ask for is the equivalent of two months rent. If you are renting a furnished apartment, then the most you can be asked to pay is the equivalent of three months rent. So in your case, if the apartment is unfurnished, then your landlord is only entitled to a maximum of $1,500. However, if the apartment is furnished, then your landlord can ask for up to $2,250. Also be aware that your landlord may ask for more security in the future if your rent is also increased.
As for the $200 non-refundable cleaning fee, that amount is simply added to the total security deposit. There is no such thing as a "non-refundable deposit." Part of your security deposit may be used by your landlord to clean the rental unit when you move out, but your landlord must account for the cost of cleaning. In other words, if it only costs $50 to clean the unit after you move, your landlord is not allowed to keep the $150 balance.
Under California law, your landlord must return your security deposit within three (3) weeks after you move out, or else he must send you a written statement telling you what your deposit was used for. Your landlord can only deduct from your security deposit any amounts that are reasonably necessary to pay for: 1) Unpaid rent; 2) Cleaning; and/or 3) Damages caused by you, your family, or your guests, but not including "ordinary wear and tear."
"Ordinary wear and tear" is a legal phrase that has no specific definition. In general, you should balance the length of time that has passed with the amount of damage. For example, if you lived in the rental unit for 10 years and there are some stains on the carpet and a few marks on the walls, that is presumed to be ordinary wear on the unit and you should not be expected to pay for replacing the carpeting and painting the walls. On the other hand, if you moved in 6 months ago into a newly decorated unit and there are now tears in the carpet and holes in the walls, then that will probably not be considered ordinary wear and tear on the unit.
If your landlord does not return all or part of your security deposit within 3 weeks after you moved out, you should send him a letter demanding the return of your deposit. Date the letter, sign it, send it by certified mail, and keep a copy. If you still do not receive your deposit, or if you disagree with the written statement by your landlord regarding what your deposit was used for, you can sue your landlord.
Under California law, you may sue for "actual damages" and up to $600 in "punitive damages." "Actual damages" include the amount of the entire deposit and any money you have spent because you did not receive your deposit. "Punitive damages" are awarded if the judge finds that your landlord kept your deposit in bad faith. If the amount you are owed is $5,000 or less, you can sue your landlord in Small Claims Court.
There are several things that you may do in order to avoid problems with your security deposit. Before moving into an apartment or house, inspect the unit completely with your landlord. Make a checklist of any problems that need to be repaired, and have your landlord sign that checklist. Take pictures of every room. If your landlord won't inspect the unit with you, take a friend as a witness. Keep the checklist and pictures in a safe place. After you move out, clean up and do a walk-through with your landlord. Use the checklist you made when you moved in. Take pictures of every room. Try to resolve any disputes over damages with your landlord at that time. If you come to an agreement, write it down and have both of you sign it. Keep the original.
The Legal Aid Foundation of Los Angeles is a non-profit law firm which provides free legal assistance to eligible low-income residents of Los Angeles. If you have any questions regarding security deposits or other landlord/tenant issues, please call our Korean Language Line at (323) 801-7987.
Evictions, 9.15.00
Q: I just received a Summons and Complaint from my apartment manager. What do I do?
A: Your landlord is attempting to evict you. An eviction, also called an "Unlawful Detainer," is a legal procedure a landlord uses to get back possession of his house or apartment that you are renting from him. Your landlord must serve you with a legal notice, and then use the court process to lawfully force you to move out.
Your landlord may not forcibly try to make you move. He cannot change the locks or shut off the utilities to force you to move. Only the Sheriff's Department can forcibly make you move, and that can happen only with a court order. Your landlord can get a court order only by going through the proper legal process.
To start the eviction process, your landlord must first serve you a written notice. There are 3 common types of written notice. First, a Three (3) Day Notice to Pay Rent or Quit. If you have not paid rent on the date rent is due, this type of notice can be served. You can pay the amount stated in the notice within three days, wait to be sued, or move out within three days. If you pay within the three days, then the notice is canceled. Your landlord does not have to accept less than the full amount stated in the notice. After the three days have passed, your landlord does not have to accept any rent, and can begin the court process.
Second, a Three Day (3) Notice to Cure or Quit. If your landlord believes that you have done something in violation of a written lease, then this type of notice can be served. You can do what is necessary to get in compliance with the lease within three days, wait to be sued, or move out within three days. This notice must specifically state what you must do to get in compliance with the lease.
Third, a Thirty (30) Day Notice to Quit. If your landlord simply wants you to move out for no reason, then this type of notice can be served. This kind of notice is not valid if your rental unit is subject to Los Angeles Rent Control. Under Rent Control, your landlord must state a reason for evicting you in the notice. A rental unit is subject to Rent Control if it is located in the City of Los Angeles, there are two or more rental units on the property, and the units were built before November 1978.
Once you have been served with a Summons and Complaint, you have five (5) days from the date you received it to file a written response with the court. Weekends and holidays count, unless the last day falls on a weekend day or holiday. To fight the eviction, you must list the legal reasons why your landlord should not be able to evict you. It is best to speak with an attorney about what defenses you should claim in your written response. If you want to go to trial, make sure that you raise some defenses.
Do not miss the five (5) days deadline! If you do, you will be in default and immediately lose your case. Assuming that all the proper paperwork is filed with the court on time, the entire process takes about 4-6 weeks.
Soon after you file your written response with the court, the court will send you a Trial Notice. That notice will have the date, time, and place for your trial. It is almost impossible to change the date of trial. Take all your evidence to court receipts, witnesses, certified copies of reports, letters, etc.
The Legal Aid Foundation is a non-profit law firm which provides free legal assistance to eligible low-income residents of Los Angeles. If you have any questions regarding evictions or other landlord/tenant issues, please call our Korean Language Line at (323) 801-7987.
For more information, visit:
Asian/Pacific Islander Unit
Housing/Eviction Defense Unit
© 2008 Legal Aid Foundation of Los Angeles