[reverey]

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."

[rockinmommy]

Personally, I have no experience with CA law, nor situations involving rent control. So I won't attempt to answer your specific question.

I just wanted to bump this and offer a couple of suggestions.

Is there a local housing authority of some sort that can advise you? Whatever agency you mentioned in your post that "controls" the rent in the first place?

Also, there's a link in the first post in this forum to state landlord/tenant laws. Don't know if it specifically address rent control issues, but it's a place to start.

Also, I can't imagine a landlord giving a tenant a blank lease to sign. Wow. If I were you I'd fill in exactly the terms you want, call him to meet you at a place that makes copies to sign it. Get him to sign it and get it copied. Heck, might as well lower the rent and make the rental term for 5 years or something while you're at it. At the rate this guy is going he might be dim enough to sign it!:confused:

Good luck.

Karla in TX

[ScottGem]

Actually its to your advantage to sign a lease as long as the rental terms are satisfactory. This will prevent him from giving you thirty days notice to vacate. However, if you WANT to move, then don't sign the lease and start looking for a new place.

I'm not sure what you mean by a "blanK" lease. Do you mean like a standard lease form you buy in a store with the address, names, etc left blank? What's wrong with that? You fill in the info.

[reverey]

Actually... even with a month to month OR a term lease... he can't give us a notice to move because of the rent control. He'd have to give one of the 12 legal reasons to evict... if we refuse to sign a lease of similar terms, he can evict for that.

In terms of a blank lease... it's just a standard lease without any of the terms filled in. Like I'm supposed to fill it in myself or something. SO it's NOT of same and similar terms because it's blank...

[ScottGem]

So hand him back the lease and tell him to fill in the correct terms.

[reverey]

I'm trying to find out if I even HAVE to sign the damn thing... any lease that is. Most just go month to month and since he didn't give notice prior to the term ending that he was raising rent or having us sign a new lease, is it valid? There's a clause in the lease that states that it goes month to month but that the landlord can choose to send a notice stating he doesn't wish it to be... but the way I read it, that would have had to have been done PRIOR to the end of term.
So yeah, I can fill it out and give it back... but do I have to by law and if I don't sign it, can he evict seeing as there's that clause and we are rent controlled?

[ScottGem]

Do a search on Los Angeles Rent Control. You should find the rules there.