reverey
Sep 5, 2007, 10:09 PM
Been in a rent controlled apartment in Los Angeled for over 6 years and were on a month-to-month lease until last year when a new owner wanted us to sign a new lease. The old owner said that was normal and a BLANK lease was provided... since it was a term lease, we all filled it in as a year lease.
Over the year we have had REPEATED problems including a few calls to the Health Dept. for no working heat in the winter; he served a 3 day notice to quit to both remaining tenants for pulling weeds (disguised at 'damaging the property'... which we complied with by offering payment); he's never supplied us with a mailing address (we got it from the tax assessor) and comes around at all hours with no regard to tenants.
On 8/3 he put a note in our mailbox (pre-dated 8/1) stating that our 1 year term would "terminate on 8/31" and "good luck with your new home search." Basically implying eviction. He did this to the two occupied apartments. We both sent notices stating we'd comply with proper notice, a note from LAHD and the relocation fee since it was CLEAR he was hoping for us to just move.
8/30 he stopped by again stating we could "stay and sign a new lease or move if we want to." He supplied a 'new' lease which was in fact a photocopy of the one we gave him last year but he CHANGED the numbers for the rent price, late fees, etc. He inflated my rent 10 percent and my neighbor's 22 percent. He said he could raise it per the city since he "did improvements to the building." He could not supply me documentation of this when I asked for it. We have never received a notice from the LAHD approving such an adjustment.
We paid the rent per our lease agreement from last year, put it under the door along with a note stating such and saying we looked forward to the LAHD approval for any rent adjustment above the legal 5 or that he could raise it the 5 with a 30 day written notice.
On 9/2 he came to collect the lease and I refused to sign because it was not a legal lease and he argued with me. He didn't even know where the LAHD was but he clearly knows SOME law based on notices in the past. He said he would come back with the written notice for the 5 percent.
He dropped it in our mailbox later that night: it said "your new one year term will begin on 9/1/07 and the rent will be..." (the rental amount plus the 5 percent.) He also included a BLANK lease... assuming he means for us to fill it in.
Do I need sign this or does it automatically go month-to-month since our lease technically expired on 8/31 and we are still here? He has not cashed the rent checks yet. There is a provision in our lease which states:
"In the event Tenants intend to vacate the premises on the expiration of the term, they must give the Owner a least thirty (30) days written of such termination, otherwise such tenancy shall automatically become a month-to-month tenancy upon the same terms and conditions expressed herein. Owner may give Tenants at least thirty (30) days written notice that the Owner will not allow Tenants to remain on a
month-to-month basis upon the expiration of this term."
Over the year we have had REPEATED problems including a few calls to the Health Dept. for no working heat in the winter; he served a 3 day notice to quit to both remaining tenants for pulling weeds (disguised at 'damaging the property'... which we complied with by offering payment); he's never supplied us with a mailing address (we got it from the tax assessor) and comes around at all hours with no regard to tenants.
On 8/3 he put a note in our mailbox (pre-dated 8/1) stating that our 1 year term would "terminate on 8/31" and "good luck with your new home search." Basically implying eviction. He did this to the two occupied apartments. We both sent notices stating we'd comply with proper notice, a note from LAHD and the relocation fee since it was CLEAR he was hoping for us to just move.
8/30 he stopped by again stating we could "stay and sign a new lease or move if we want to." He supplied a 'new' lease which was in fact a photocopy of the one we gave him last year but he CHANGED the numbers for the rent price, late fees, etc. He inflated my rent 10 percent and my neighbor's 22 percent. He said he could raise it per the city since he "did improvements to the building." He could not supply me documentation of this when I asked for it. We have never received a notice from the LAHD approving such an adjustment.
We paid the rent per our lease agreement from last year, put it under the door along with a note stating such and saying we looked forward to the LAHD approval for any rent adjustment above the legal 5 or that he could raise it the 5 with a 30 day written notice.
On 9/2 he came to collect the lease and I refused to sign because it was not a legal lease and he argued with me. He didn't even know where the LAHD was but he clearly knows SOME law based on notices in the past. He said he would come back with the written notice for the 5 percent.
He dropped it in our mailbox later that night: it said "your new one year term will begin on 9/1/07 and the rent will be..." (the rental amount plus the 5 percent.) He also included a BLANK lease... assuming he means for us to fill it in.
Do I need sign this or does it automatically go month-to-month since our lease technically expired on 8/31 and we are still here? He has not cashed the rent checks yet. There is a provision in our lease which states:
"In the event Tenants intend to vacate the premises on the expiration of the term, they must give the Owner a least thirty (30) days written of such termination, otherwise such tenancy shall automatically become a month-to-month tenancy upon the same terms and conditions expressed herein. Owner may give Tenants at least thirty (30) days written notice that the Owner will not allow Tenants to remain on a
month-to-month basis upon the expiration of this term."