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Forced to part with my garden (and home)!

greenwitch
16 years ago

My landlord has suddenly put the house on the market (no warning) and has served me with an eviction notice reason given he is taking the house off the rental market with the intention to sell. I can fight this for a few months as it is illegal under Los Angeles city rent control laws but sadly, eventually I will probably be forced to move. I will so miss all my plant and tree friends I've come to know and love - I have lived here 12 years....

If anyone reading this knows of an available dog friendly rental house (I have several rescued small-med. size house dogs) with the possibility of my creating another edible landscape/potager please, please email me. I work at Van Nuys Airport in the San Fernando Valley and would like to be within 25 miles or so. Thank you in advance.

Comments (26)

  • gobluedjm 9/18 CA
    16 years ago
    last modified: 9 years ago

    I am assuming you don't want to buy it.
    He's not going to be able to sell it right away because of the market unless he basically gives it away.
    Remind him a house will sell faster with it looking lived in rather than empty, unless he plans on painting etc or perhaps a remodel or update but I doubt that. He is probably in financial trouble and your rent is barely covering the mortgage or maybe he can't make his own mortgage.

    You might check craigslist for a house. Check all your local papers and don't forget the freebie thing that comes in the junk mail.

  • naturesluxuries
    16 years ago
    last modified: 9 years ago

    Sorry to hear that :( I hope you can find a place soon. I am a renter also and it can be hard. Good luck to you..

    Michelle

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  • lindasewandsew
    16 years ago
    last modified: 9 years ago

    Hi, I would find a place to move to as soon as possible and let him sit there with the mortgage to pay and collecting no rent. Just in case the house is lost, you can be thrown out even after paying rent. When this happened to DS (East of Los Angeles) years ago, (the house was being forclosed at the time), I encouraged her to buy it. She couldn't buy that house, but found a fixer upper down the street. The city had a 'first time buyer' program and helped with the down payment. It's tough to get a loan right now, but not impossible. If the market isn't ripe for those types of sales yet, it's probably only a matter of time. If you have to rent, you can take many of your plant and some of your tree friends with you. Start potting them up soon. Good luck. Linda

  • jenn
    16 years ago
    last modified: 9 years ago

    I hate to say this, but it might be more difficult for him to sell the house with several house dogs still living in it. Prospective buyers who are not pet owners will pick up the scent right away and may be turned off. That's not my opinion, that's just a fact. I grew up with pets (just a dog, or 1 cat and 1 dog), so pet scents don't bother me, but they would bother some (especially those with allergies). I don't mean to offend.... just sayin'.

    That said, if it looks inevitable, it would be best to start looking ASAP and you've received some good advice from others above.

  • hoovb zone 9 sunset 23
    16 years ago
    last modified: 9 years ago

    I'm sorry you are being forced to move. I hope you find a new place soon!

  • eloise_ca
    16 years ago
    last modified: 9 years ago

    Sorry about your situation; I wish I knew of a new place for you. I too lived in a rented house for about 16 years. Thanks to my DD who encouraged me to buy my own home. I potted up lots of my plants, but still left behind some. I pray you are able to buy because it might be hard to get a house or apartment if you have too many pets.

  • User
    16 years ago
    last modified: 9 years ago

    I'm sorry to hear about your situation. In the spirit of making lemonade, given the mess the real estate market's in, the time might be right to offer your landlord a lease-option, which is where your rent goes towards owning the house.

    In theory, everybody wins: you get to stay, maybe forever, and he sells the house right away in a down market without paying a broker's fee.

    If foreclosure is imminent, you might have to take a rent hike to make this possible, though, because if the bank takes over, any lease-option deal will probably be null and void.

    If you don't like the price he offers, maybe you could offer to stay in the house and keep it nice while he tries to sell it, on condition that you get 60 days to move once the house sells (and maybe a break on the rent). If it doesn't move after a while, you can offer the lease-option again at a lower price.

    Here is a link that might be useful: Lease-options

  • bearstate
    16 years ago
    last modified: 9 years ago

    Don't feel bad. Sometimes change is a good thing.

    My shining cloud for 2008 is that I'm finally getting the kick in the pants I needed to break out of purgatory, here in BKF. I came here in 2004 at the urging of a friend and since, it's been one thing after another. Whatever my sins in life have been, this ( BKF ) has been enough to settle them.

    My determination, perseverence and yes, stupidity, has made me stick it out for far too long. It's wonderful to get the type of pressure to move on that can't be avoided. It's something I needed. I have been like the proverbial frog in a frying pan with the heat slowly being turned up underneath me.

    And although I've done some people some good while here, it has come time to do myself a favor.

    Rejoice! Your moving on is likely a good thing too!

    Here's a big fat smile for ya ... :)

    Good Luck!

  • nwest
    16 years ago
    last modified: 9 years ago

    Keep in mind that if this is a single family home, it is not covered by Los Angeles rent control.
    -Nate
    (Gardner and Landlord)

  • greenwitch
    Original Author
    16 years ago
    last modified: 9 years ago

    Thank you to all for your sympathy, support and excellent advice (from many POV's). I was panicking after talking to a lawyer (who encouraged me to pay him to negotiate for me on moving and relocation costs).

    I am under rent control and the city advised me this is an illegal eviction; if the house sells the new owner can evict with relocation costs however. My landlord is trying to pressure me to leave so the house is more sellable as my rent is so low it doesn't contribute much to the mortgage due with the amount he's asking so no takers. It's a Catch 22 and I realize in case of foreclosure I'm out in 30 days and no relocation assistance. I wouldn't mind sticking him with an empty house but knowing him he'd rent it again at double.

    Since I have so much to unload after 12 years, I'm going to sit tight and liquidate, pack and store and sell off or donate what I can and just keep the minimum at hand so I have the option of leaving if I want to or have to. Since my son is still attending school in the area, I need the extra time anyway. Hopefully the housing market will change in 6 months time and prices will go down enabling me to either find a house with reasonable rent (as folks will be buying again) or go in with someone to buy a house myself. I know alot of rentals will be unavailable to me because of the dogs but there are some people who like dogs and approve of rescue. I just have to find one who hasn't just renovated the interior or landscape!

    There are alot of things wrong with the house and the landlord and it will probably be healthier for me to get new digs anyway or make a more radical move out of this city altogether. Thanks for pointing out the bright side Bearstate.

  • nwest
    16 years ago
    last modified: 9 years ago

    Trust what your lawyer tells you. Don't trust the city.

    You earlier stated that you live in a single family home. Single family homes are not covered by the Los Angeles Rent Stabilization Ordinance:

    http://lahd.lacity.org/RSO/tabid/263/Default.aspx
    Nate

  • gobluedjm 9/18 CA
    16 years ago
    last modified: 9 years ago

    This is just what I suspected. He is probably in financial trouble, your rent isn't making the mortgage payment. So he is trying to evict you to rent to someone else higher. He knows he can't sell it in todays market. There are no buyers. Buyers can be very finicky right now and if not perfect and everything they want for the price they walk away.
    If I were you I would get the AIN/parcel ID from the county website:
    http://maps.assessor.lacounty.gov/mapping/viewer.asp
    Then go to this site and click on "how much are my property taxes":
    http://lacountypropertytax.com/portal/contactus/paymentinfo.aspx
    Enter in the AIN#. It will tell you if he is deliquent on paying his taxes and any penalty due since Dec 10. That would reveal to you any financial trouble and give you some advantage.
    The back taxes or penalty he may owe would be taken care of during escrow...if he sells for a profit. The sale won't go thru until all taxes and penalties are paid.

  • bearstate
    16 years ago
    last modified: 9 years ago

    Greenwitch,

    There are always angles to a situation on both sides of the coin. California State Law allows property owners to request their property back at the end of a contract and often with no further requirement. We mustn't forget that property owners are people too and need some avenue of protection from losses. Renting your property to someone can not be a closed ended deal ad infinitum. Both parties need protection from loss and a way to get on with life harmoniously. The property owner's reasons for regaining their property after their contracted obligation expires can be diverse, but wholly tenable by state law.

    If you think you have suffered loss by being asked to move, you may find that your only avenue is small claims and then, you have to appear on your own without a lawyer. The Judge in a small claims case will be a very wise person who has seen it all and comes into his court packed with experience and wisdom and ... will expect you have your story straight, if it goes beyond what state law says the owner is entitled to do. You can expect a Judge to be fair, but also, to the letter, vigilant to serving the law.

    Weigh your options and the costs of your decisions carefully. If it truly has no benefit to stay and you may find rewards in moving on, do so. If otherwise, you somehow have a situation that would cost you to move on, it's your choice to try and avoid those costs. But it may not be plausible. Look to your contract with your land lord, specifically to see if you are still entitled to stay and that the landlord's right to regain their property is not being interfered with by you.

    If I have shown you the brighter side to your situation, I thank you for saying so. People are often prone to entangle themselves in unhappy situations which they can easily step out of. I guess I am no different.

    Again, good luck.

  • greenwitch
    Original Author
    16 years ago
    last modified: 9 years ago

    I realize this is not a sustainable arrangement and as I am not the owner the end result will be me moving to another place. It's just hard after so long and I've just grafted new cultivars onto my fruit trees, planted bulbs etc.

    Nate, I appreciate your knowledge but - there are two houses (unconnected) on one lot built before 1978 in the city of LA and registered under Rent Stabilization; every few years an inspector comes to check on habitability so my home is under their control. City of LA law has a few more stipulations than state law.

    If I could move I would, this came with no warning and no verbal communication from the landlord and I am unprepared.
    As I have done nothing wrong I see no reason to put myself out and leave before I have some preparations in place. I need time to go through my belongings, save up some money, etc. And my son will complete high school by February which will be one less place to be in proximity to.

    I do not entirely trust the city and the lawyer (not mine per se, I just called to find out whether I needed one yet) he told me the courts don't always enforce all the codes either. But speaking with other people who have been through this there has to be just cause to evict or relocation costs offered unless the property goes into foreclosure.

    Thanks goblue re: the property tax info links I will check on that. With that information (if he is in trouble) maybe I can have a lawyer negotiate something that works for both of us and saves me a move. He's not one for talking and ignores or avoids me (and has also been openly hostile in the past) and after 10 years of not raising the rent tried to raise it $200 in one go (after taking away one of my rooms for his storage use and my off-street parking space). The property was purchased by the landlord 13 years ago for ~$160,000 the asking price is ~$650,000.

    Sorry this has gone so far off topic from gardening but who knows maybe it will help out someone in the same predicament one day.

    Fortunately gardens can be planted again.

  • bearstate
    16 years ago
    last modified: 9 years ago

    One more little piece of info ...

    If you have lived in a place for a year or less, you must be allowed 30 days to move out. If you have been there more than a year, the landlord must allow you 60 days to move.

  • bahia
    16 years ago
    last modified: 9 years ago

    The most amazing thing to me reading all this is the fact that your landlord hadn't raised your monthly rent for 10 whole years. That sounds like an incredible bargain to me, as surely his property taxes and maintenance costs had been going up every year. So even if the landlord/tenant relationship seemed strained to you, count your blessings that you benefited financially all those years.

    Moving may seem onerous, but it sounds like preparing yourself for a move is the best thing you can do, so good luck with finding a new place. Part of your preparations could also include taking cuttings, preparing plants for the move, etc, so that you don't have to leave everything behind.

  • goldenginkgo
    16 years ago
    last modified: 9 years ago

    Just out of curiosity, how many animals would be involved when you move?

  • greenwitch
    Original Author
    16 years ago
    last modified: 9 years ago

    Bahia, you are right that I have been fortunate to live in such a lovely neighborhood while my son was growing up and to have my garden right outside my front door. All good things come to an end. My landlord used to have several properties and as it turns out I am the last tenant and the only one who paid rent consistently and on-time. He had to evict the non-payers and sold the other properties and has had financial problems in the past due to a divorce. He has spent maybe a couple thousand in maintenance, re-roofed, replaced a wall furnace, garbage disposal, removed three dead trees and reglazed a couple of windows. It has been a bargain but a double edged one, as living expenses have increased I have not had to adapt and now have to make an enormous financial leap to catch up. So much of being able to live in a particular area is timing and getting in early enough.

    I looked up the tax info per Goblue and no he has not paid the taxes due by Dec.10 and has the penalty. Whether this means he intends to pay it full in April or is paying late (or can't pay it) only he knows.

    Goldenginko, I have too many in some people's opinion! Three miniature Mexican Hairless dogs and my senior Lab and Golden Retriever, two of them rescues. As my son has Asperger's they have been my salvation and they are my security system and personal trainer (keeps me walking) as well. Dogs are family in my life so I'll move as far as I have to keep us all together. When my older dogs pass on (they are 11 and 13) I will not replace them. Some people think one dog should be enough, I think three is nice so if one goes out with me or passes on the other is not left alone. I wouldn't mind living where there were chickens, goats or horses though as I love all animals (including wildlife).

  • bearstate
    16 years ago
    last modified: 9 years ago

    Yippeeeee!!!

    Crazy SOB that I am, I've taken the plunge and COMMITTED myself to leaving Bakersfield!

    There's no turning back now. I GOTTA MOVE. My New Year's Resolution in advance is now being actualized.

    It's the best way to do it. Make it so you can't change your mind. And it was my decision, not somebody elses.

    :)

    Stuff is going into boxes starting yesterday.

  • scarlett2001
    16 years ago
    last modified: 9 years ago

    Bearstate- Bakersfield!! Yikes, get yourself outta there for sure.

  • eloise_ca
    16 years ago
    last modified: 9 years ago

    greenwitch, I pray you will find a place to relocate quickly, where you can keep all your pets and plants.

    bearstate, where are you hoping to move to? Don't forget to pot-up starter plants for your new place.

  • bearstate
    16 years ago
    last modified: 9 years ago

    My exodus from Purgatory has begun, in the preliminary staging phase.

    Most of the plants here belong to the property. So they stay. I just need to get them out of pots and into the ground before I go.

    Some of the plants were on my tab and so, I'll try to keep those. But maybe, I'll put a couple of them into the ground here too if it's too much to move them. Perhaps I may gift them to some of the folks I know here abouts that are interested in gardening.

    I can't say where to on the net. But in time, if I keep gardening and participating in GW forums, that may become obvious.

    Right now I've saddled myself with more pressing concerns than this new hobby.

  • nuitjasmine
    16 years ago
    last modified: 9 years ago

    Rent control makes it really hard for landlords...he must be suffering some hardship. We own some apts and have done evictions on bad tenants, so actually I have the perspective from the LL side, but I sympathize with your plight. Evictions go on your financial records and make it really hard to rent again, so although you can use it to "buy" time, it comes at a cost to you. We never rent to people who have been evicted, and a lot of other landlords don't either. The best bet is to get legal aid and have them negotiate-- you can get very cheap/free legal aid in LA- info below. And while they are working for you, you can be focused on moving. Good luck with your situation... and blessings for rescuing the dogs!!!! :)

    Here are a few urls that might help- sorry I don't know how to make them clickable links.

    http://www.lacity.org/lahd/rso.htm
    ---rent stabilization ordinance info- RSO may not apply to you, since you are in a single family res, as the other poster noted; your landlord may be out of it-- was he raising your rent yearly by a few percent? If not, he is probably not up with rent control laws-- rent control allows an increase of a few percent/year as dictated by law-- nowadays it is 4%/year

    Lawyers don't always know everything, but these orgs deal with a lot of evictions in rent control areas, so they have experience. They are public service type orgs, so they have very low fees:

    LEGAL AID FOUNDATION OF LOS ANGELES
    5228 E. Whittier Blvd.
    Los Angeles, CA 90022
    (213) 640-3881
    Toll free telephone: (800) 399-4529

    Bet Tzedek Legal Services (Fairfax Office)
    145 S. Fairfax Ave.
    Suite 200
    Los Angeles, CA 90036
    323.939.0506
    323.939.1040 FAX
    Located across from the Farmer's Market and The Grove on Fairfax Avenue and 3rd Street.
    >

    Valley Bet Tzedek (North Hollywood Office)
    12821 Victory Blvd.
    North Hollywood, CA 91606
    818.769.0136
    818.763.3299 FAX

    Do a google search for pet friendly rentals, etc. Here are some sites I found with listings:

    http://www.peoplewithpets.com/
    http://www.movingwithpets.com/
    http://www.mynewplace.com/home?CID=KNL-google_content-home-generic
    http://www.dogfriendly.com/mysearchp/mysearch.cgi?category=Apartments

  • greenwitch
    Original Author
    16 years ago
    last modified: 9 years ago

    Thank you NuitJasmine for the links and advice.

    I am looking at houses to buy as real estate prices are falling and there are many REO/foreclosures. A kind real estate broker pulled the info on the property I am renting: landlord has mortgages in 8/04 $220,000, 4/05 $150,000, 9/05 $420,000 and 5/07 $499,000. He also owns property in Colorado and possibly elsewhere. He has received two late notices from Countrywide which is not a lender on this house. It's apparent he is in financial trouble. I plan to check with the county registrar periodically for notice of default on this property. I was told in the case of foreclosure one has 30 days to get out (I assume this means the owner/borrower who cannot pay the mortgage). I was also told by a mortgage broker that banks do not like have property on their books nor do not like houses to sit empty. I plan to stay informed and contact the lender in the case of foreclosure to pay rent to them when they take back the house. For all I know they may work with me to buy this property or the new owner (whenever this may finally sell) may agree to keep me on as a tenant (at a higher rent obviously which I am quite willing to pay if I can stay here).
    As for eviction, under rent stabilization he has no just cause. His eviction attempt is illegal, it is not justifiable under the Ellis Act for the purposes of selling the house; he did not file proper documentation with the city nor pay relocation costs to me within 15 days as required. I can only assume he hopes I'll go away "voluntarily" because his lawyer sent this letter. If I had more money at my disposal I would as this is an extremely stressful situation but I need time to pay off some creditors, save money for moving, find the right house to buy or rent at the right price, etc. The relocation money would really help but I doubt he has the money to pay it and I can't take any action to force it because he's not allowed to pay me to relocate for the purposes of selling the house; only the new owners can (legally).

    I'm not unreasonable - but there is a total breakdown of communication and goodwill from this landlord as though I'm to blame for his situation. There has been vandalism on my car three times coinciding with events e.g. his receiving a letter from the city regarding habitability repairs, a neighbor filing a complaint because his dogs howl and bark at all hours, etc.
    I'm a divorced mother of a disabled child barely keeping my head above water - this guy has a motor home, a full-size pickup truck, a mini truck, a Mustang, horse trailer (and horse), ATV's, a VW Thing, and he's just bought a new Nissan truck. He's blown through two marriages and pays child support on kids from both. He moved in the front house when his residence nearly went into foreclosure after his second divorce. He took back one room in my house to store his stuff and bumped me from my parking space without discussion because of all his vehicles.
    I've paid $80K in rent so far over the years and essentially paid for half of what he originally got this property for had he not refinanced it over and over again. It's a shame because he could easily have owned these homes outright by now had he taken another path.

  • gobluedjm 9/18 CA
    16 years ago
    last modified: 9 years ago

    I doubt the lender will work with you on renting it. They are not in that business.
    They will evict you immediately...sorry and put it on the market.
    I just despise people like him that take advantage of others financial situation yet can't even handle their own. He obviously could be close to bankruptcy.
    I think if you bought it, with him being in the front house and a neighbor you'll have more trouble. Be prepared to get a restraining order.

  • bearstate
    16 years ago
    last modified: 9 years ago


    There's the problem with what I said earlier about the best thing to do when you are in an unhappy relationship or situation ... just step out of it. Sometimes, it's not so easy to do.

    And so, the wrangling begins. In this case, greenwitch, you don't have the funds to pay for your moving expenses and still, you are possibly running out of time. gobluedjm is on track stating that lenders are not inclined to manage properties, but instead empty them out, fix them up and dispose of them. How important it must now seem to have put something aside to have as insurance for such an inevitability.

    Life can be unkind. And while having the support of family and friends help, some of us have naught but ourselves to depend upon. And that means piecing together our own parachutes for such eventualities.

    However, I hear you talk about buying and so, you must have some resources. I hope they are enough for you to find your way clear of this situation.

    Don't be like the frog in the frying pan with the heat ever so slowing being turned up beneath you. You will get burned.