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Originally Posted by island_dude
This can get tricky. In the absence of an agreement you will have to be careful how you handle this issue. You will have to do some research on the situation in your state. Generally speaking, no agreement means that you are renting month to month (this is the case where I own property). You can draft a rental agreement with whatever terms (they have to be legal) you wish and present it to the tenants. Offer them a notice period (no less then 30 days, but probably 60) after which they have to accept the agreement or give notice that they are moving.
If they wish to be difficult, things can get sticky. The actions you have to take will depend on the state. It might be a good idea to come up with an agreement that isn't very different than what is the case now. That way you can have a framework to enforce getting rid of them later if you want different terms.
Good luck
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I would agree that this will apply to CA and Los Angeles rental properties pretty much as stated. The key is that they are on a month-to-month basis now and other than the rent control issue, you can make reasonable changes with proper notice.
The example of pets is a good one. If the tenant had a history of being permitted to having pets, it would be hard to change that. Especially on short notice. However, if the pet became a nuisance in any way, you would have more ground.
Sub-letting is usually not permitted in agreements for insurance purposes if no other. But, if there is no formal agreement in place, I don't see how you can work you way out of that very easily. If any codes are violated, I think the courts would back you, but obviously, you don't want to go to court.
You might try a bluff using the insurance angle. Otherwise, I would politely inform the tenant that a written agreement is forthcoming on advice of your insurance agent and your attorney. I would present the reasonable agreement with a tie frame to sign or wait for another course of action.
The rent raise won't work in your case, and that's what most landlords would do. Careful. Whatever you ask of the current tenants, you must demand of future tenants. And, things should be in order with respect to the property. No hazards known or unknown to give the tenant any advantage.
But, you really need the ID of everyone living there. I think their are codes that require this.
Tough business.