Q: Landlord tried to evict due to my GF staying here during pandemic, but never moved in. Has he violated LAcity ordinance?
I am unemployed due to COVID-19. I recently notified my landlord that I will be withholding paying rent temporarily. Additionally, yesterday he and his wife yelled at me for 15 minutes accusing me of lying to them about allowing my girlfriend to move in without their permission. After asking for permission to speak, I was told to leave. I sent them an email with written statement from her landlord that her current residence is ongoing until end of July, as well as copy of her new lease at her new address which began July 1st. In response the landlord replied by email stating:
"Please be aware that this is your official 30-day notice. Please be sure to vacate your unit by August 8."
LA emergency ordinance (LA municipal code Chapter IV article 14.6 sec 49.99.2) prohibits eviction due to non-payment of rent AND due to unauthorized occupants. Has my landlord violated this ordinance and is he liable to be fined if I report it? If so, how would I go about doing that?
A:
Thanks for your post and the citation. I reviewed City of LA municipal code § 186606, enacted on 05/12/20, and it does have the provisions that you describe in your question, no LL shall "endeavor to evict" or evict a tenant due to rent non payment or having an unauthorized occupant due to CV, as you stated. It also provides that the LL is supposed to give you written notice of the section!!! The Penalty described in SEC. 49.99.7 gives you a private right of action to recover damages, ATTORNEY'S FEES and a penalty of up to $10,000.00 and possibly an additional penalty of $5,000 if you're over 65. BUT you have to provide written notice and 15 days for the LL to cure the violation.
So, the first thing you have to do is Google the ordinance (be sure you get the right one) and give your LL a copy of it. I would also provide a letter clearly stating which sections you are claiming the LL violated. If this does not shut him up, I bet there are a couple LL/tenant attorneys who would take your case, or you could file in Small Claims court for the penalty and ask for "injunctive relief" in the form of an Order preventing further Notices of termination and preventing the LL from filing an eviction action. IF HE FILES AN EVICTION ACTION AGAINST YOU, you need to defend yourself using this statute, and if you hire an attorney, the Court can award attorney's fees in your favor as well.
Great Question, thanks for the Cite, it lead right to the Muni code section. Best of luck.
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