What do we consider when we make a buy out offer for the family of 4(2 Adult and 2 Children)?Los Angeles 90032
They've been living here since 1997 & rent was $480 & now at $525(started 4/06).Asked if tenant would vacate in 2 months for us to renovate & would raise the rent to $850. Tenant wasn't cooperative & said the 1)rent riased more than 3% since(we are under Los Angeles rent control), 2)no heater installed & 3)the smoke detectors not repaired(but we will fix the detector right away & make sure they work) & request a buy-out offer. Tenant mention they could sue us for these problems.Tenant never broght it up until today(10/01/06) & never wrote any request since we've been renting to them through verbal contract for all these years, we had nothing on paper except for only some rent receipts. My dad remembers when inspector sign off units for rental w/ no heater & no fire detector in the living room. So can sue us for the 3 problems?
Answer:
Comon man, put yourself in their shoes. They've obediently been paying rent (though it was a but underpriced) for almost 10 years and you expect them to just pack up for 2 months and raise their rent over 50%!?!?! Number one, you NEED to take care of those smoke detectors . and heater (if thats required?). If nothing else, it might cover your * for now.
Consider a buy out that is reasonable. Take the average rent for a family of four in your area and multipy it by whatever amount of time is resonable to adjust and move. Remeber these people are being asked to leave their residence of 10 years, and you are going to be making some big bucks from their move. They need time to adjust to more expensive conditions, schooling, work adj. etc. A generous payout will get them out quickly, prevent a suit (which yes, they can do if you try to enforce that 325 dollar raise), and afford you time to move in somemore tennants (if you're selling the home to another investor) and/or finish rennovation.
Just be reasonable and most importantly talk to them upfront and sincerely. They're few things more infuriating than responding to a notice on your door or in your mail from your landlord. It's understanding that will get you out of this one, because neither the tennants, nor the law is on your side.
talk to a lawyer good luck
Get an attorney and they have to deal with him. The relief you feel will be immediate and you'll know your legal rights.
You need a legal begal here are the reasons why:
From our research department:
All real estate laws explained: http://www.dre.cahwnet.gov/reftoc.htm.
Small claim court information: http://www.courtinfo.ca.gov/selfhelp/sma.
STATE’S WEB SITE: http://www.dca.ca.gov/
STATE’SLANDLORD TENANT ACT: http://www.leginfo.ca.gov/cgi-bin/waisga.
HUD – Tenant rights in California: http://www.hud.gov/local/ca/renting/tena.
Pamphlet from the State of California on Landlords and Tenants:
http://www.dca.ca.gov/legal/landlordbook.
Private Attorney’s Website on Tenant/Landlord issues: http://www.caltenantlaw.com/
State bar Association: http://www.calbar.ca.gov/state/calbar/ca.
California Civil code - CONTRACTS – Sections 1619 – 1632: http://www.lectlaw.com/files/bul15.htm.
You best do your research and then go see a legal beagle
Buena Suerte
I really hate rent control. It does nothing to help the tennants and gives us landlords such a headache.
Your tenants are correct regarding number 1 (however, the increase must meet standards, not sure on the 3%) and 3. However, they need to replace the battery of the smoke detectors and only report it as a problem if they are missing or not functioning properly. They also can fight an eviction because you plan on increasing the rent.
Buy them out. Offer them $1000 if they leave within two weeks and $500 if they leave within a month. It's cheaper than an eviction. An eviction that doesn't get challenged will cost you around $500 and 3-4 weeks time.
Regards
First you should check the lease contract. Most lease contracts should include statements about the smoke detectors being responsibility of tennat, end of lease notice requirements, increase requirements and maximums, etc. That should be your first stop. If the contract does not clearly outline these, then your next stop should be at an attorney's office to get structured legal advise. They will know local state, county and city codes regarding rental properties and give you the streight up advise you need. Something like this, you should not rely on this board alone to get the proper advise.
Good luck
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