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Tenant Relocation Fee's (California)

PJPixiePJPixie Posts: 3,026
edited January 2010 in All Encompassing Trip
So, my landlord called me on Monday night and told me I need to move out of the house I've been renting from them for a year now. Landlord and his wife stated that their JOB has been relocated and they need to move back into this house. So we discussed the fact that I have 30 days and they said they would send a notice for me to sign and send back to them. My lease ended in January and as of now we are on a month to month rental basis. So, the landlords brother knocks on my door tonight and asks me to sign the agreement. I read it and it's totally worded to make me that bad guy although nowhere does it say "EVICT"......says NOTHING about them having to move back in. In my discussion on the phone with the landlords the other night, we discussed the fact that I have had some late rent payments due to the fact that I lost my job. I've paid half the rent for January ($735) so far and owe them the other half ($735) {yes, my rent is $1475/mo} The landlord stated that they will forgive the balance of the rent owed for January and keep my security deposit I paid ($500) if I agree to vacate by February 20th so they can move back in. So, they are letting me slide by $735 for January and giving me until February 20th to vacate without any additional monies paid to them. So it all sounded ok over the phone when we discussed this but this notice they had me sign makes me uneasy. AND, isn't there some sort of TENANT RELOCATION FEE they should be paying me because the asked me to move or are they trying to be sly? I've searched online but nothing is very clear.........does anyone here have any info or ideas about these types of situations?
The best use of Life is Love.
The best expression of Love is Time.
The best time to Love is Now.


I'm never as good as when you're there.........
Post edited by Unknown User on

Comments

  • 8181 Needing a ride to Forest Hills and a ounce of weed. Please inquire within. Thanks. Or not. Posts: 58,276
    i was month to month as a tenant once and was required to give a 30 day notice. check your lease.

    i've never heard of a move out fee becaused they asked to end your month to month lease. must be a libreal cali thing if such a thing even exists
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  • 8181 Needing a ride to Forest Hills and a ounce of weed. Please inquire within. Thanks. Or not. Posts: 58,276
    holy crap, relo fee's are a real thing. unreal

    i found this

    http://www.docstoc.com/docs/6532156/Cal ... ant-Notice

    see page 36

    not sure it even applies to you...eitehr way, that is one major scam that you guys have going on. however, being that your lease is up, i doubt you are entitled to anything...check with your local people tho, since i'm just a dumb midwestern person
    81 is now off the air

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  • WildsWilds Posts: 4,329
    Late fee's are illegal and you do not have to pay them in California.

    That aside, I think with a month to month lease they have the right to give you thirty days and move in.

    Because they are moving in themselves then I don't think the relocation fee comes into effect.

    I rent property, but I'm not 100% on this as it has never come up with me.


    If you have already signed something, then, even if you should be compensated, they might have tricked you into something.

    I think there are free services that give advice to renters. Try that search.

    Good luck.

    P.S. I have an available 1 bedroom for 1K that includes all utilites, water, electric, gas, and trash.

    Probably much smaller than what you currently have.

    -Nate
  • PJPixiePJPixie Posts: 3,026
    Wilds wrote:
    Late fee's are illegal and you do not have to pay them in California.

    That aside, I think with a month to month lease they have the right to give you thirty days and move in.

    Because they are moving in themselves then I don't think the relocation fee comes into effect.

    I rent property, but I'm not 100% on this as it has never come up with me.


    If you have already signed something, then, even if you should be compensated, they might have tricked you into something.

    I think there are free services that give advice to renters. Try that search.

    Good luck.

    P.S. I have an available 1 bedroom for 1K that includes all utilites, water, electric, gas, and trash.

    Probably much smaller than what you currently have.

    -Nate

    Thanks Nate, I think I may have been tricked into something here. Not too sure yet. I just really don't care for the way they worded the notice to vacate.

    Where is your rental at?
    The best use of Life is Love.
    The best expression of Love is Time.
    The best time to Love is Now.


    I'm never as good as when you're there.........
  • WildsWilds Posts: 4,329
    Highland Park. Off the 110 freeway.
  • TravisTheSkyTravisTheSky Posts: 615
    Oooh, move to the building I rent at!!! I can probably get a few hundred dollars for referring someone with decent credit. I REALLY need the money.

    My rent was lowered from $900 to $850, all utilities included. But new tenants can rent for $795 with all utilities! Ours is the nicest little apartment building on the block. It's near the intersection of Wilshire Boulevard and Normandie Avenue. It's 2 blocks from the subway. It's a little brick 4 storey, 48 units, was originally a hotel when it was built 90 years ago. It has a fun tiny, ancient elevator.

    Most of the flats are studios, meaning no bedroom. But the place has 9 foot ceilings, a large separate kitchen/dining room, shower and deep, old bathtub, dressing room with built ins, 3 closets, plush carpets. Most units are rented by young adults, yet the place is deliciously quiet and tranquil. All non-dog pets are welcomed. I have pet mice, someone has a gorgeous cockatoo. There are washers and dryers. The place is so safe that folks leave their bikes in the basement.http://losangeles.craigslist.org/lac/apa/1563737804.html Some flats have ancient kitchen cabinets like the one pictured. Others have brand new, modern ones. Some have an exposed brick wall in the main room.
    Free wi-fi should be up and running soon.

    Anyone else looking to relocate or downsize? Help a sister out!

    Love,

    Brynne
    "May you live in interesting times."
  • WildsWilds Posts: 4,329
    TravisTheSky wrote:
    Oooh, move to the building I rent at!!! I can probably get a few hundred dollars for referring someone with decent credit. I REALLY need the money.

    My rent was lowered from $900 to $850, all utilities included. But new tenants can rent for $795 with all utilities! Ours is the nicest little apartment building on the block. It's near the intersection of Wilshire Boulevard and Normandie Avenue. It's 2 blocks from the subway. It's a little brick 4 storey, 48 units, was originally a hotel when it was built 90 years ago. It has a fun tiny, ancient elevator.

    Most of the flats are studios, meaning no bedroom. But the place has 9 foot ceilings, a large separate kitchen/dining room, shower and deep, old bathtub, dressing room with built ins, 3 closets, plush carpets. Most units are rented by young adults, yet the place is deliciously quiet and tranquil. All non-dog pets are welcomed. I have pet mice, someone has a gorgeous cockatoo. There are washers and dryers. The place is so safe that folks leave their bikes in the basement.http://losangeles.craigslist.org/lac/apa/1563737804.html Some flats have ancient kitchen cabinets like the one pictured. Others have brand new, modern ones. Some have an exposed brick wall in the main room.
    Free wi-fi should be up and running soon.

    Anyone else looking to relocate or downsize? Help a sister out!

    Love,

    Brynne

    Cool. If I was young and single, I would have loved a place like that. Love old buildings.
  • Heatherj43Heatherj43 Posts: 1,254
    I don't know particularly California's law, but I believe in general that if you choose, you could just stay and make them evict you. That would give you several more months there, and free at that.
    The lady next to me is on a month to month. She got a 30 day eviction notice December 11. Well, she wasn't out by January 11th, so the landlord has to go to court for her to "show cause" as to why she is not out. This is the time she can fight the evcition, if she chooses. (there really isn't anything to fight, since there is no lease, but the landlord did have to have "cause" to evict. I am unsure why. It seems even without a lease, they can't just kick you out.) Anyway, if she doesn't win in court, an order then can be made for her stuff to be thrown out, ( the sheriffs usually have to be there to do this) and the place locked up. But, I think she gets another 30 days to move. So, that is 2 months of not having to pay rent, and if she only knew in advance, she could had blown off December's rent. She would owe it, but you know...good luck getting it.
    Another thing, they would have to give her back her deposit, even if she owes them rent, cuz the deposit isn't for rent owed, its for leaving the place in good shape. That's hard for landlords to swallow, but deposits are not to be kept for back rent, period.

    One last thing, even if you signed something, they can't come and throw your stuff out. They still would have to get a judge to do it and it would be the 30 day thing, then another 30 days.

    A judge would have to look at what you signed, and even if its legit and the judge deems you have to move, he'd have to write a 30 day eviction, then after the 30 days, the landlord would have to go tell the judge you didn't move, then the judge would give the 30 days for the sheriffs to come.
    I believe this is how it is in CA. too. So, you could be a dick like he is and live free for the next 2 months.
    I think your landlord should give you a relocation fee just because of what he is doing and the why of it and because of what you could do in return, not cuz he legally has to.
    Save room for dessert!
  • redrockredrock Posts: 18,341
    edited January 2010
    Heatherj43 wrote:
    ....So, you could be a dick like he is ..... I think your landlord should give you a relocation fee just because of what he is doing and the why of it and because of what you could do in return, not cuz he legally has to.

    Why? The landlord is perfectly in his right to do what he is doing. The OP is not on a lease, she actually owes him some rent (he could have been a bastard then when she wasn't able to pay full rent), he gives her the notice required and the reason for the asking the OP to move out is because they want to move in. What is the problem? Why would one want to punish the landlord by doing all those things you mention (info which, by the way, is not completely correct - the OP would NOT be living rent free - the landlord can sue and take her to court for payment)? Why pay the relocation fee? The OP does not seem to be in the vulnerable category required for such fee. And if she was not comfortable with what she had to sign, she needed to have it checked or discuss it with the landlord. I assume that the word EVICT was not on the papers because this is not an eviction.

    The lease is up, the landlord has absolutely no obligation to renew it and he can have his place back - doesn't even have to give a reason. Simple.
    Post edited by redrock on
  • WildsWilds Posts: 4,329
    I'll just chime in on what I know about eviction.

    In the case of non payment, then a three day notice to pay or quit is issued. If after three days, no rent is received then the Landlord files an unlawful detainer. This costs like $500.00, and if the Landlord wins an eviction that money can be recouped if it is stated as such in the lease agreement.

    This process takes about a month and if an eviction is granted then, as stated, depending on how busy the Sheriff Department is, can take another month or longer.

    Now I would guess the process is similar to evict for some other type of cause, but I'm not certain.

    Either way an eviction has not taken place here.

    As to what in the document you signed makes you out to be the 'bad guy', and what that document is all about, I couldn't even begin to guess.


    Seems like signing that was not a good idea, no matter how it all shakes out, although I guess if some of the language in the letter said you would be forgiven X.XX amount of rent for your agreement to leave, perhaps you got something out of that as well.
  • HoltzmnHoltzmn Posts: 87
    Heatherj43 wrote:
    Another thing, they would have to give her back her deposit, even if she owes them rent, cuz the deposit isn't for rent owed, its for leaving the place in good shape. That's hard for landlords to swallow, but deposits are not to be kept for back rent, period.

    As a rental property owner I can tell you that no one will give you back your full security deposit if you owe back rent.
  • redrockredrock Posts: 18,341
    Holtzmn wrote:
    Heatherj43 wrote:
    Another thing, they would have to give her back her deposit, even if she owes them rent, cuz the deposit isn't for rent owed, its for leaving the place in good shape. That's hard for landlords to swallow, but deposits are not to be kept for back rent, period.

    As a rental property owner I can tell you that no one will give you back your full security deposit if you owe back rent.

    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.
  • PJPixiePJPixie Posts: 3,026
    I'm going to move out, no question about it. The last thing I want is an EVICTION filed against me. And yes, I did sign the document because it stated that they would forgive the back rent that I owe them. That, I feel, is in my favor. Nowhere does the document say anything about being EVICTED.
    The best use of Life is Love.
    The best expression of Love is Time.
    The best time to Love is Now.


    I'm never as good as when you're there.........
  • redrockredrock Posts: 18,341
    PJPixie wrote:
    I'm going to move out, no question about it. The last thing I want is an EVICTION filed against me. And yes, I did sign the document because it stated that they would forgive the back rent that I owe them. That, I feel, is in my favor. Nowhere does the document say anything about being EVICTED.

    Because you're not being evicted. Your lease has come to an end and the landlord is not renewing your lease. It's not the same as eviction.
  • Heatherj43Heatherj43 Posts: 1,254
    redrock wrote:
    Heatherj43 wrote:
    ....So, you could be a dick like he is ..... I think your landlord should give you a relocation fee just because of what he is doing and the why of it and because of what you could do in return, not cuz he legally has to.

    Why? The landlord is perfectly in his right to do what he is doing. The OP is not on a lease, she actually owes him some rent (he could have been a bastard then when she wasn't able to pay full rent), he gives her the notice required and the reason for the asking the OP to move out is because they want to move in. What is the problem? Why would one want to punish the landlord by doing all those things you mention (info which, by the way, is not completely correct - the OP would NOT be living rent free - the landlord can sue and take her to court for payment)? Why pay the relocation fee? The OP does not seem to be in the vulnerable category required for such fee. And if she was not comfortable with what she had to sign, she needed to have it checked or discuss it with the landlord. I assume that the word EVICT was not on the papers because this is not an eviction.

    The lease is up, the landlord has absolutely no obligation to renew it and he can have his place back - doesn't even have to give a reason. Simple.
    Well, because his luck hit the skids, so has hers. All because it was a month to month, I am sure she did not expect a 30 day notice. I think its being dicky to kick a family out when your luck gets bad. I find it thoughtless.
    Save room for dessert!
  • Heatherj43Heatherj43 Posts: 1,254
    Holtzmn wrote:
    Heatherj43 wrote:
    Another thing, they would have to give her back her deposit, even if she owes them rent, cuz the deposit isn't for rent owed, its for leaving the place in good shape. That's hard for landlords to swallow, but deposits are not to be kept for back rent, period.

    As a rental property owner I can tell you that no one will give you back your full security deposit if you owe back rent.
    But by law they have to if the home is left in the same shape, minus wear and tear. She could go after him for it and she'd win.
    Save room for dessert!
  • Heatherj43Heatherj43 Posts: 1,254
    redrock wrote:
    Holtzmn wrote:
    Heatherj43 wrote:
    Another thing, they would have to give her back her deposit, even if she owes them rent, cuz the deposit isn't for rent owed, its for leaving the place in good shape. That's hard for landlords to swallow, but deposits are not to be kept for back rent, period.

    As a rental property owner I can tell you that no one will give you back your full security deposit if you owe back rent.

    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.
    A lot of people would leave it clean. I know I would. I can then take that money and pay him, IF I WANT.
    Save room for dessert!
  • SPEEDY MCCREADYSPEEDY MCCREADY Posts: 25,786
    Heatherj43 wrote:

    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.
    A lot of people would leave it clean. I know I would. I can then take that money and pay him, IF I WANT.[/quote]
    According to the original post...

    The landlords job had been relocated....right??
    So it isnt about his luck "hitting the skids" ....right???
    He is being relocated and needs house back...plain and simple...right????

    Why shouldnt the tenant just pay the back rent, and move out?

    What am I missing here??
    She is on a month to month lease....right???

    Why does anyone need to dick anyone around here???

    The landlord asked her to leave...
    The tenant doesnt need to sign anything...right??? Just pay your back rent and find another place....right??? Or forefit some of your security deposit to make up for the rent you still owe....right???? And then move on....

    The landlord is asking the tenant, who is on a month to month lease to move out....
    The tenant owes back rent....

    So pay the back rent and move out.....Dont sign a damned thing...just pay the back rent and move out.....right????

    Pretty simple???

    Or did I miss something....Its early and i have only had one cup of coffee....heheheheh
    Take me piece by piece.....
    Till there aint nothing left worth taking away from me.....
  • HoltzmnHoltzmn Posts: 87
    edited January 2010
    Heatherj43 wrote:
    But by law they have to if the home is left in the same shape, minus wear and tear. She could go after him for it and she'd win.

    I'm not sure where you got the idea it's only for damage, it is not law in MN where I am and I looked it up for Michigan where you are and the law in Michigan says the deposit can be used for any rent owed to the landlord. Any property owner will keep the back rent out of the security deposit and any tenant should expect that, you sign the lease, you owe the rent, pay it.
    Post edited by Holtzmn on
  • HoltzmnHoltzmn Posts: 87
    SPEEDY MCCREADY wrote:

    So pay the back rent and move out.....Dont sign a damned thing...just pay the back rent and move out.....right????

    Pretty simple???

    Or did I miss something....Its early and i have only had one cup of coffee....heheheheh

    I don't get it either, telling someone to live "rent free" for a couple months and to screw the owner for no good reason is a completely shitty thing to do. The orignal poster was given notice and was on a month to month lease, there really is nothing to complain about, don't sign anything and just move out, they need their place back and told you why.
  • HoltzmnHoltzmn Posts: 87
    redrock wrote:
    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.

    I'm not sure where you live but I don't know of any state that says the deposit can't be used for unpaid rent.
  • Heatherj43Heatherj43 Posts: 1,254
    Holtzmn wrote:
    redrock wrote:
    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.

    I'm not sure where you live but I don't know of any state that says the deposit can't be used for unpaid rent.
    Every state I have checked into says they cannot keep it for rent! It was paid out for to use at the end of tenancy to make repairs and clean up beyond normal wear and tear. If they owe money, the landlord has to get that another way, i.e. court.
    If I had the time I would show you proof of what I can find on the internet, but at the momnet I can only be here for a few minutes. I will get it though at some time.
    I know this is the case.
    It can be paid for unpaid rent if the tenants agree.
    Save room for dessert!
  • Heatherj43Heatherj43 Posts: 1,254
    Holtzmn wrote:
    Heatherj43 wrote:
    But by law they have to if the home is left in the same shape, minus wear and tear. She could go after him for it and she'd win.

    I'm not sure where you got the idea it's only for damage, it is not law in MN where I am and I looked it up for Michigan where you are and the law in Michigan says the deposit can be used for any rent owed to the landlord. Any property owner will keep the back rent out of the security deposit and any tenant should expect that, you sign the lease, you owe the rent, pay it.
    No it doesn't. That is why what often happens here is that when people move in they pay first month, last month and a security deposit. They pay last month in advance so the landlord doesn't get screwed.
    Save room for dessert!
  • Heatherj43Heatherj43 Posts: 1,254
    SPEEDY MCCREADY wrote:
    Heatherj43 wrote:

    By law, they have to but then again..... What 'evicted' person is going to leave their flat/house in an immaculate state? The landlord can take that deposit 'to clean the place up'.
    A lot of people would leave it clean. I know I would. I can then take that money and pay him, IF I WANT.
    According to the original post...

    The landlords job had been relocated....right??
    So it isnt about his luck "hitting the skids" ....right???
    He is being relocated and needs house back...plain and simple...right????

    Why shouldnt the tenant just pay the back rent, and move out?

    What am I missing here??
    She is on a month to month lease....right???

    Why does anyone need to dick anyone around here???

    The landlord asked her to leave...
    The tenant doesnt need to sign anything...right??? Just pay your back rent and find another place....right??? Or forefit some of your security deposit to make up for the rent you still owe....right???? And then move on....

    The landlord is asking the tenant, who is on a month to month lease to move out....
    The tenant owes back rent....

    So pay the back rent and move out.....Dont sign a damned thing...just pay the back rent and move out.....right????

    Pretty simple???

    Or did I miss something....Its early and i have only had one cup of coffee....heheheheh[/quote]




    Well, when she is asking about a relocation fee, I see that she feels she was asked unexpectly to leave.
    Save room for dessert!
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