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Unknown to many landlords in the City of Los Angeles is the LA City Tenant Anti Harassment Ordinance (TAHO - #187109 applicable to ALL rentals within the city of Los Angeles, including single family homes, condos, duplexes, triplexes, and apartment buildings whether rent controlled or not. The Los Angeles City Tenant Anti Harassment Ordinance went into effect on August 6, 2021.
The LA City Tenant Anti-Harassment Ordinance prohibits landlords from engaging in any conduct that a reasonable person would find was intended to either (1) disturb a tenant's right to quiet enjoyment (implied in every rental agreement), or to (2) pressure the tenant to move. The LA City Tenant Anti-Harassment Ordinance may be deemed violated by an unsuspecting landlord who simply offers a tenant a cash for keys, or buyout offer, without first providing the required disclosures (if the rental property is subject to the RSO), or making such an offer more than once in any six month time period. The LA City Tenant Anti-Harassment Ordinance may also be deemed violated if a landlord is simply trying to perform a routine inspection of a rental without a proper 24 Hour Notice of Intended Entry, or with a proper Notice of Entry if the landlord attempts to enter too many times, or for a purpose not allowed.
Under the LA City Tenant Anti Harassment Ordinance, "Tenant Harassment" is defined as:
"a landlord's knowing and willful course of conduct directed at a specific tenant that seriously alarms or annoys the tenant, and that serves no legitimate purpose.″ LAMC § 45.33.
In the City of Los Angeles, a tenant can bring a valid claim of Tenant Harassment if:
The Penalty for Violation of The LA City Tenant Anti Harassment Ordinance is up to $15,000 per act.
Under the Los Angeles City Tenant Anti Harassment Ordinance, a tenant may not only use the landlord's violation of the ordinance as an affirmative defense in any eviction action, but the tenant can also sue their landlord and anyone assisting the landlord in violating the ordinance even if the tenant remains in possession of the rental.
Pursuant to the Los Angeles City Tenant Anti Harassment Ordinance, a tenant may sue for: (1) actual damages, (2) emotional distress damages, (3) up to $10,000 ($15,000 if the tenant is 65+) for each separate harassing act, and (4) reasonable attorney fees and costs. The ordinance also makes each violation of the Los Angeles City Tenant Anti Harassment Ordinance, a misdemeanor with a $1000 additional fine.
If it is discovered that a tenant vacated a rent-controlled unit because the landlord violated the Los Angeles City Tenant Anti Harassment Ordinance, the City of Los Angeles will also reset the maximum allowable rent (MAR) for the vacated rental unit back to the allowable rent in effect at the time the harassed tenant vacated.
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Located in Los Angeles, California, the Law Office of Melissa C. Marsh handles business law and corporation law matters as a lawyer for clients throughout Los Angeles including Burbank, Sherman Oaks, Studio City, Valley Village, North Hollywood, Woodland Hills, Hollywood, West LA as well as Riverside County, San Fernando, Ventura County, and Santa Clarita. Attorney Melissa C. Marsh has considerable experience handling business matters both nationally and internationally. We routinely assist our clients with incorporation, forming a California corporation, forming a California llc, partnership, annual minutes, shareholder meetings, director meetings, getting a taxpayer ID number (EIN), buying a business, selling a business, commercial lease review, employee disputes, independent contractors, construction, and personal matters such as preparing a will, living trust, power of attorney, health care directive, and more.