Reale Estate Suspicious Issue - Renter vs Landlord

[Tidybuoy]

This relates to a friend's daughter. I got this question last night and the whole situation seems suspicious to me and maybe the landlord is trying to skirt around current laws.

1) Renter is a married couple with 3 small kids.

2) They rent (month-to-month, not a lease) a 3 bed 1 bath house in Burbank, CA (LA Area) for $2300/mth

3) Landlord has informed them that he is going to remodel his personal residence and will need to move his family (2 adults and 2 kids) into their detached garage that is behind the rental. Basically, he wants the current tenants to have no access to their garage, he will remodel the garage into a temporary 1 room space for living in while he remodels his primary residence.

4) Landlord is not poor and owns several homes on this block and has remodeled most of them as he is a contractor.

This sounds very suspicious to me:
Rents are controlled in CA as you can only raise rent 5% per year - current tenants are paying well below market (although the price seems outrageous to me).
Evictions are on hold due to Covid.

It sounds to me like the landlord is trying to encourage the tenants to move out with out eviction so that he can move in while remodeling his own home and this garage idea is a farce to get tenants to leave.

Unfortunately the tenants are month-to-month and do hot have a lease to protect them. They have lived in this house for 4 years.

Any experts have an opinion here?

[sammyg2]

Tell them to say no problem to the landlord, just have him reduce the rent for the period to reflect the loss of use of garage.

see how that pans out.

[dad911]

I am not familiar with CA laws, but around here a month to month is easily terminated. Of course, if they don't want to move, there is a CV19 moratorium on evictions.

Unless there is an apartment attached to that garage, I cannot imagine landlord's idea to be legal or practical.

[fastfredracing]

Landlords have no rights, and have to skirt around the draconian laws to do anything with their own property .
Is the moratorium on evictions lifted in CA yet?

[KFC911]

Is an eviction the same as terminating a month-to-month lease (with a 30 day notice)?

I always use MTM btw....but have never terminated one.

[look 171]

Rent control does not apply to single family home unless its under a corp. They do have renter's right, but not as stringent as rent control areas. Rent control only applies to duplex and muti-units. If he rents out his garage and the main house at the same time, then he's subjected to rent control but as soon as he put them back into the main house, then rent control is off. 5% rental rise only applies rent control units. He can jack rent up another 1000 bucks next month if he wants. That's damn cheap for Burbank.

[look 171]

Originally Posted by fastfredracing

Landlords have no rights, and have to skirt around the draconian laws to do anything with their own property .
Is the moratorium on evictions lifted in CA yet?

No, but they need to. Owners are hurting. There's a proposal to fine commercial property owners if they go vacant for more then three months. Are they fooking stupid during a time where business are closing up every minute and expect them to have 100 occupancy and fines? That's what I heard a couple months ago.

[Eric Coffey]

Originally Posted by sammyg2

Tell them to say no problem to the landlord, just have him reduce the rent for the period to reflect the loss of use of garage.

see how that pans out.

Yeah, there are really only two options here. Agree or don't.

They can agree and allow him to lease-back a portion of his property temporarily. If that turns out to be the case, you would want to have the terms addressed in writing (duration, reduced rent amount, etc.).
Keep in mind, it's usually not a good idea to have an on-site landlord. They might also want to negotiate an ongoing reduced rate going forward, and/or lock in a longer lease for their trouble as well.

Or, they can decline altogether. This obviously carries potential consequences of the LL terminating their MTM lease, or raising rent.

[look 171]

Owner can push renter out if major remod is being done, but he will have pay for relocation fees.

[look 171]

Is the place run down because its more them 1000 bucks under market rate?

[Eric Coffey]

Originally Posted by KC911

Is an eviction the same as terminating a month-to-month lease (with a 30 day notice)?

Eviction is only a necessary tool if they refuse to leave after receiving notice of termination upon lease expiration (or via breach of contract). So, a MTM lease is a double-edged sword.
As a renter, you are not "locked in" to a long-term lease, but you are also at risk of your LL terminating your agreement each month.

[GH85Carrera]

This is another thread where we have 10% of the information from one side only.

If the garage was part of the original rental agreement, then some compensation or change in rent should happen. If they have been using the garage, then it might really matter. If they never used it, who knows.

My first apartment was a total POS price was the only thing that mattered pace to live. It was a garage apartment, but I was told directly and up front, I will not have any access to the garages. I even asked later if I could park in there during the winter for an extra fee, and it was an instant, NO. I was only there for 12 months and real happy to move to a much nicer place.

[look 171]

I don't rent em' my garages and stated up front. My 911s go in there.

[MBAtarga]

So where are they going to use the restroom, shower and cook during this reno?
I'm assuming there is no running water/toilet in the garage.

[Zeke]

Originally Posted by GH85Carrera

This is another thread where we have 10% of the information from one side only.

If the garage was part of the original rental agreement, then some compensation or change in rent should happen. If they have been using the garage, then it might really matter. If they never used it, who knows.

My first apartment was a total POS price was the only thing that mattered pace to live. It was a garage apartment, but I was told directly and up front, I will not have any access to the garages. I even asked later if I could park in there during the winter for an extra fee, and it was an instant, NO. I was only there for 12 months and real happy to move to a much nicer place.

This. And know that converting a garage to a livable condition is easier nowadays but only with permits. Otherwise it is illegal to live in a garage in L.A. County and certainly most of the cities. So the renters hold the advantage in that they could be whistle blowers. Now if the source of the WB got back to the LL then the tenants bought themselves a one way ticket out of there.

Tricky deal. But getting thrown out for reporting a transgression on the property could be interesting as well. If I was that LL I'd just not do this and rent a room or 2 from others — maybe even one of his tenants.

[Tobra]

Originally Posted by fastfredracing

Landlords have no rights, and have to skirt around the draconian laws to do anything with their own property .
Is the moratorium on evictions lifted in CA yet?

I believe it has been extended to the end of the year.



Need more information to say for sure, but does not pass the sniff test, as in something is rotten in Fresno, and I don't mean being down wind of Oildale.

[WPOZZZ]

Originally Posted by MBAtarga

So where are they going to use the restroom, shower and cook during this reno?
I'm assuming there is no running water/toilet in the garage.

Exactly! I don't think the garage is a habitable space. If the landlord adds the bath, shower and kitchen, he will need to get building permits and inspections, and of course, add another electric meter.

[GH85Carrera]

Originally Posted by WPOZZZ

Exactly! I don't think the garage is a habitable space. If the landlord adds the bath, shower and kitchen, he will need to get building permits and inspections, and of course, add another electric meter.

And a separate water line and sewer line.

[look 171]

Originally Posted by Tobra

I believe it has been extended to the end of the year.



Need more information to say for sure, but does not pass the sniff test, as in something is rotten in Fresno, and I don't mean being down wind of Oildale.

Oildale. Man, that place is so bad. Use to drive through it on the way up to the Kern

[look 171]

Originally Posted by GH85Carrera

And a separate water line and sewer line.

Lots of ADU being build; many are 3-400'. Some cities are allowing the building to extend to within the property line. Kitchen, bath, sleeping quarters, all in one. No need to have separate water line, same sewer and power, all can be parovide by owner. In order to have separate electrical and, there must be a separate street number like xxx 1/2