Kindly advise if you can provide some clarification in this process.
The 120d Ellis notice is due on the July 21, 2023
The owner has denied relocation funds due to rental debt owed to the owner, Melissa, from September 2022 to March 2023, by the Master Tenant, Steve. Are we liable for their rental agreement when our agreement was solely with Master Tenant, Steve? She notified us of a change of management on May 19, 2023.
Should I request the Escrow company officially notify LAHD there is a dispute in the release of relocation funds?
Thank you for your kind assistance.
Analyzing the Legal Context and Questions
The scenario presents a complex situation concerning the Ellis Act in California, a state law that allows landlords to evict tenants if they intend to leave the rental market. In this case, the property owner, Melissa, is moving forward with an Ellis eviction with a 120-day notice, which is due on July 21, 2023. However, a dispute has arisen concerning relocation funds, which Melissa has denied due to rental debt from the Master Tenant, Steve.
A crucial factor here is that your rental agreement was solely with Steve, which begs the question if you are liable for their agreement. Also, a change in property management occurred on May 19, 2023, adding another layer to this situation.
Relevant California Law and Resources
Under California's Ellis Act (Government Code §7060-7060.7), property owners have the right to exit the rental market, but must comply with specific requirements. One of these is providing adequate notice to tenants and payment of relocation fees under certain circumstances.
Los Angeles' Rent Stabilization Ordinance (RAC Regulations 1200.00) may also be relevant, specifically in the context of disputes related to relocation funds.
Possible Resolutions and Actions
If Melissa has refused to provide relocation funds due to Steve's rental debt, there are a few possible actions you might consider:
Seek Legal Advice: Given the complexities of this situation, it's wise to consult with a landlord & tenant attorney in your area. This can help clarify the specifics of your liability and potential actions.
Contact LAHD: You could request that the Escrow company notify the Los Angeles Housing Department (LAHD) about the dispute over the release of relocation funds.
Mediation: Another option might be to mediate the issue with Steve and Melissa, potentially with a neutral third party.
Estimation of Legal Costs
Below is a rough estimation of the costs involved, but actual amounts may vary depending on the specifics of your case:
|Service||Estimated Cost ($)|
|Initial Consultation with a Lawyer||200-500|
|Filing a Dispute with LAHD||500-1000|
|Overall Legal Fees (if litigation)||5000-15000|
Request for Additional Information
To provide more specific advice, it would be helpful to understand more about your situation.
- Could you clarify the nature of your agreement with Steve?
- Did you receive formal communication about the rental debt from September 2022 to March 2023?
- What terms were stipulated regarding the change in management?
Please also feel free to ask a free legal question if you have other concerns.
Please note that this advice is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication. Always consult with a licensed attorney for specific legal advice related to your situation.