URGENT: 30 Day Notice for Renovations

[sandyclaus]

What is the name of your state (only U.S. law)? California

I am asking these questions on behalf of a the family of my son's friend. The details are as follows:

They live in what they were told was a "Sober Living" residence in the City of Pasadena. Mom & Dad rent one room, and their son rents his own separate room. Each room is rented separately under a written month-to-month rental agreement. The ENTIRE house is owned by a single owner, and there is a resident manager who acts as agent of that owner to manage the property and tenants.

All the tenants received a 30 Day Notice to Terminate Tenancy on June 1, 2010, with the reason given as "Renovation of Property". When the residents inquired further, they were told that the owner intended to repair and renovate the entire property, that all of the tenants had to move out, and that they would NOT be allowed to return once the renovations were completed. Mom, Dad and friend are all current on their rent for June, and the owner is not accepting any rent for July at all, they just want them all to leave

The City of Pasadena ordinances require the LL to pay a relocation fee and moving costs for displaced residents that are told to leave when the LL decides to renovate the rental units. No relocation fees were offered, and the residents weren't even aware that they were entitled to any until I told them about the ordinance.

The residents are being told now that the owner's agent is coming to remove all of the residents and their property from the premises TOMORROW whether they like it or not. Those who are aware of the law told the owner they would not leave without a court order, to which they were warned that the sheriff would be coming to remove them from the property if they didn't leave voluntarily.

The issue here is whether or not the owner has the legal right to remove them without a court order. Since it is a "sober living" home, it may be considered a transitional housing situation, which gives the owner certain rights to re-claim possession without the regular amount of notice or a court order. Many of the residents there have lived in their rental units for well over a year, and they weren't moving out anytime soon, so the term "transitional" really doesn't seem to apply in this case.

My question is twofold.

How does the transitional-but-not-really-transitional rental practice affect the tenants rights in this case? Does the LL have the right to remove the tenants from the home after the expiration of their 30 day notice if they choose not to leave voluntarily? Or would they still receive the same protection under the law from being forced out of their residence (i.e., no removal of the residents or their property without a court order)?

PLEASE help with any information you can provide about this as soon as possible.

Thanks so much!What is the name of your state (only U.S. law)?

 

[QueenofEngland]

No, he can not remove them from their residences without a court order. Period. He can give notice to vacate provided they don't have expired leases, and then can begin the eviction process. But he can not physically remove them or their possessions, at least not legally.

If the rentals are month-to-month, then it doesn't matter the reason for not renewing. They've got to be out. Now any residents there more than a year must be given 60 days' notice, so those who've been there long enough and then received 30-day notices have not been properly served at all.

 

[sandyclaus]

No, he can not remove them from their residences without a court order. Period. He can give notice to vacate provided they don't have expired leases, and then can begin the eviction process. But he can not physically remove them or their possessions, at least not legally.

If the rentals are month-to-month, then it doesn't matter the reason for not renewing. They've got to be out. Now any residents there more than a year must be given 60 days' notice, so those who've been there long enough and then received 30-day notices have not been properly served at all.

Thank you for your response. That seems to mirror everything I know about the tenants' legal rights in this situation.

Most of the residents have already moved on, but there are a few who haven't been able to move because of financial issues of their own (I realize, not the LL's problem). Most of these people had no idea they even had any rights as they were told, over and over again, that because it as "transitional housing" that the LL could kick them out any time they wanted to. They fully expect that the sheriff will be called and they will be forcibly removed from their residences tomorrow because they know no better. I have since done my own research on the legal definition of a "transitional housing program", and that place does not meet the requirements. They are not run by nor receive any government funding, nor do they provide their residents any social service programs, both of which are required in order to be considered a true "transitional housing program".

On top of that, the LL has not offered any relocation fees or moving expenses to those who remain. I suspect their threats to remove the tenants is just another way of intimidating them into leaving without having to pay the expenses required by the local city ordinance.

I told them to simply call the police themselves if someone tries to force them or their possessions out of the premises tomorrow. I know that this is considered a civil matter in which the police will NOT become involved without a court order allowing them to remove people and property.

 

[FarmerJ]

Sandy do a quick call to your states ombudsmans office for vulnerable adults , you said it was a sober living housing unit , if any of the residents are also developementally disabled or your states ombudsman for VA feels that chem dep would fall under them too then they may be able to assist. Down in the Twin cities metro area here there were alot of problems with owners and managers of sober houses a few years ago too ( firms refusing to follow LL/t law, not having group home lic from state & county, placing 8 to 12 people in one home, and many of the clients they housed were also multiple diagnosis even though higher functioning minimal or zero staffing . These people cannot just be put out, Any threat of bringing law enforcement officers there all the officers can do is allow any who do choose to leave with out court order to do so peacefully any who refuse to leave with out court order the officers ought to know the rest.

 

[sandyclaus]

UPDATE: It's About TO HAPPEN

After sharing the advice given here with my son's friend, he had an uneventful day yesterday. We figured that because the LL was supposed to be on vacation for the holiday weekend that nothing would happen before Tuesday, WE WERE WRONG.

This morning, the friend called me scared and upset. The LL is there today and now telling people that they will be changing locks and locking out any remaining residents from their rented rooms TODAY.

The LL is claiming that he is exempt from the standard LL/T laws regarding eviction because this is a sober living residence, this somehow gives him special rights that avoid having to obtain a court order to remove the tenant. I also have heard that if the house is "properly set up as part of a therapeutic program" that residents can be kicked out without due process. Can ANYONE tell me what rules or laws apply to this exemption? I am pretty sure this place is just a rooming house with special rules relating to sober living, and NOT part of any therapeutic program (see my previous posts).

Thank you for any prompt responses that can assist!!!

 

[sandyclaus]

Sandy do a quick call to your states ombudsmans office for vulnerable adults , you said it was a sober living housing unit , if any of the residents are also developementally disabled or your states ombudsman for VA feels that chem dep would fall under them too then they may be able to assist. Down in the Twin cities metro area here there were alot of problems with owners and managers of sober houses a few years ago too ( firms refusing to follow LL/t law, not having group home lic from state & county, placing 8 to 12 people in one home, and many of the clients they housed were also multiple diagnosis even though higher functioning minimal or zero staffing . These people cannot just be put out, Any threat of bringing law enforcement officers there all the officers can do is allow any who do choose to leave with out court order to do so peacefully any who refuse to leave with out court order the officers ought to know the rest.

The local police, when I contacted them about this, said pretty much there is nothing they can or will do - it's a civil matter and they will NOT get involved. Apparently not even if the residents are illegally locked out. Perhaps it was an unknowledgeable person I spoke with, but they seemed pretty clear that the police would not even assist the residents in getting back into their rented rooms if they were locked out. So much for "the officers ought to know the rest"...

 

[FarmerJ]

Sandy if your curious I would suggest searching CA group home licensing , I can tell you up here in the time I have worked in group homes I have NEVER heard of clients just being kicked out like you described. ( clients in the homes have consequences for bad behaviour & less than wise choices and yes more than half of the clients we have at work are court ordered some were placed there by family members and a Small fraction are there with out court order because they know they have to be somewhere or could be court ordered. If the operator of this home is not licensed by the county or city or have a lic on file with california dept of health or some other agency of the state then this home cannot be exempted from landlord tenant law. If your sons friend still is in need of housing emergency social service number should be called to see if they can offer assistance. Then again your states vulnerable adult ombudsman. AND a legal aide society to see if they can help with suing the owner of the home for illegal eviction.

 

[QueenofEngland]

Have 'em stay put. If he physically tries to remove them, it's assault. I'm not seeing anything to think this is a registered facility. The LL can't just call it what he wants and claim protection. Until there's a court order, it is a civil matter. But if the LL lays a finger on them, he's just turned it criminal. FarmerJ's got good info in his post above. Don't delay heeding his advice, and have someone stay put in each of the units until the LL has a court order.

 

[sandyclaus]

Sandy if your curious I would suggest searching CA group home licensing , I can tell you up here in the time I have worked in group homes I have NEVER heard of clients just being kicked out like you described. ( clients in the homes have consequences for bad behaviour & less than wise choices and yes more than half of the clients we have at work are court ordered some were placed there by family members and a Small fraction are there with out court order because they know they have to be somewhere or could be court ordered. If the operator of this home is not licensed by the county or city or have a lic on file with california dept of health or some other agency of the state then this home cannot be exempted from landlord tenant law. If your sons friend still is in need of housing emergency social service number should be called to see if they can offer assistance. Then again your states vulnerable adult ombudsman. AND a legal aide society to see if they can help with suing the owner of the home for illegal eviction.

Yup. NOT licensed. No social services being provided there, so it doesn't qualify under California Health and Safety Code as a "transitional Housing program". Just a privately owned home in which the owner rents out rooms to persons seeking sober living, and they signed a long list of rules and requirements related to that which allow them to remain in the home. I'm pretty sure that they don't qualify for any special protections or exemptions to landlord tenant law requiring a court order to remove the residents or their property.

All of this advice is great, but the major problem is that this will be happening this weekend when all of the above sources of help are unavailable. Guess we will have to try and get them someplace to stay if/when it goes down and deal with the legal issues on Tuesday after the holiday.

I DID however, send a news tip to the local news station, and am in touch with an investigative news producer who has expressed interest in the story. These people don't know what they have started, and are going to regret it if they follow through on their threats ... HAHAHAHA.

 

[atomizer]

If this makes it into the news this weekend, nobody will read it or see it due to the long weekend and 4th festivities. If it makes it on Monday or later, then it will be old news and not worthy of much hype. I would say their LL's timing is pretty good.