Re: Landlord/Tenant Issue Illegal Garage Conversion

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On 12/26/08, -- wrote:
> On 12/26/08, Ed wrote:
>> I have a house in Los Angeles with an illegal garage
>> conversion. Three years ago, a "friend" of mine began
>> renting the conversion from me. We signed a one-year lease
>> agreement which ended in 6/2007; the agreement then went
>> month-to-month. In 1/2008, via email, we extended the
>> agreement until 12/31/2008.
>>
>> Beginning in 8/2008, the tenant began to get squirmy
>> everytime I brought up that the lease was coming due at
> the
>> end of the year - he did however, via email, acknowledge
>> that he was leaving 12/31/2008. Around November, I began
>> enquiring as to what his plans were and he began to avoid
>> me. Then mid-December, when I finally got him to tell me
>> what was going on, he told me that unless I paid him a
> huge
>> sum of money, he wasn't going to move out and that he was
>> going to report me to the city. Not only would I have to
>> pay him relocation fees, but I would also get fined and
>> would have to pay to have the conversion brought up to
>> code. A caveat here: he is a licensed contractor who moved
>> into the space knowing that it was not permitted - I have
>> emails attesting to his knowledge. (I also have copies of
>> his rent checks.)
>>
>> Not sure where to go from here. On 1/1/09, should I serve
>> him with a 3-day eviction notice based on the fact that
> the
>> lease is over? Does the fact that we exchanged emails in
>> January stating and acknowledging that the lease is over
> on
>> 12/31/2008 constitute notification? The tenant feels that
>> he is due relocation fees under the Ellis act (rent
>> stabilization), but technically, since the unit isn't
>> legal, is the rental agreement legal?
>>
>> If I go the route of evicting him because the unit is not
>> permitted (and either he or I notify the city), the
>> questions become: 1. Will I have to pay him relocation
>> fees? 2. How much time does the city make me give him
>> before he has to move out? 3. If he does sue me, am I
>> liable to pay him anything since he moved into the space
>> knowing that it was not permitted?
>>
>> Any input or ideas would be MUCH appreciated. Thank you!
>
> You both have unclean hands. The courts will not likely
> assist either of you. I doubt that either of you has a
> cause of action against the other person in a civil court,
> but the city may fine you. The city won't fine him. The
> question is; "Who has the most to lose"? It looks like you
> do.
>
> I bet the fine you may face is less than this guy's
> extortion demand. Paying extortion or blackmail will just
> lead you further into a bad situation. Advice? Cut your
> losses.

Yeah I figured that. I agree paying him will lead me into more
problems. Any ideas on options? Should I serve him a 3-day
eviction notice on 1/1/09 because the lease is over? Or since
the extension of the lease to the end of the year was via
email, do I have to serve him a proper 60-day notice? How can
I get him out? Thanks.