Legal Question in Landlord & Tenant Law in California

I am a landlord of a rent controlled building. I signed a 12-month rental agreement over a year ago with a corporation that does business as a short-term housing provider (like corporate housing, but cheaper). The residents in this unit are consistently difficult and I want to evict the corporation.

MY QUESTION / S: As a corporation, is the tenant entitled to the same rent-control rights as an individual would be? If not, can I just wait for his subtenants to leave and then change the locks - thereby precluding any new subtenants from taking possession?

Thank you.


Asked on 11/28/11, 10:50 am

2 Answers from Attorneys

You would have to check with someone who knows or has the time to research L.A. rent control, but I would guess it is 99% certain that the corporation does not have rights under the rent control laws. That is not, however, the end of your problem. You still have a lease contract with the company, and you cannot just go changing the locks any more than if you owned a strip mall and wanted to be rid of one of the commercial tenants. You still have to have an uncured and/or incurable breach of the lease, after notice and opportunity to cure to the tenant, and then you have to file an unlawful detainer action for breach of the lease, possession and damages.

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Answered on 11/28/11, 10:58 am
George Shers Law Offices of Georges H. Shers

If the corporation is a true renter s opposed to a management company, etc., it has to pay you the montly agreed to rent and pay you for any damages to the property. Even if the corporation is not covered by the rent control laws, the last rent paid might be calculated on what the corporation was to pay so getting them out might not increase the rents you can charge. You need to very carefully check the L.A. rent control rules.

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Answered on 11/28/11, 11:43 am


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