Q: Can I enforce new month of month leases in Los Angeles city RSO units.

I have tenants with 20 to 30-year-old leases with outdated rules plus so much additional paperwork that was added to those leases over the years like additional security deposit charges.

I would like to make new leases with all the updated amounts, and all the updated rules in order to make it the same as all the new leases and available online.

And also so that all the tenants have the same rules.

Related Topics: 1 Lawyer Answer

James L. Arrasmith

James L. Arrasmith Lawyers, want to be a Justia Connect Pro too? Learn more › Answered Jan 22, 2024

A: In Los Angeles, properties subject to the Rent Stabilization Ordinance (RSO) have specific rules regarding lease agreements. As a landlord, you can propose new month-to-month leases to your tenants, but there are limitations and requirements you must follow.

Firstly, you cannot unilaterally impose a new lease on existing tenants. Any changes to the terms of a lease, including transitioning to a new lease agreement, require the mutual consent of both the landlord and the tenant. You can propose a new lease, but your tenants have the right to accept or reject these new terms.

Regarding updating rules and rent amounts, be aware that under the RSO, there are strict guidelines about how and when rent can be increased, and by how much. These rules also apply to other charges like security deposits. Any increases or changes must comply with RSO regulations.

Additionally, any new rules or lease terms must be reasonable and legally enforceable. They should not violate tenants' rights under the RSO, state law, or federal law. It's essential to ensure that any new lease complies with all applicable laws and regulations.

For the leases to be enforceable, they must be agreed upon by both parties. If a tenant does not agree to a new lease or its terms, the terms of the original lease generally continue to govern, as long as the tenant continues to abide by them and pay rent.

Given the complexities involved in changing lease agreements under the RSO, you may want to consult with an attorney experienced in California landlord-tenant law to ensure that any new leases or lease terms are legally compliant and enforceable.

Remember, clear communication with your tenants about any proposed changes is crucial and can help in reaching mutual agreements.